Democratic Deficits in the Philippines: What is to be Done?

CLARITA R. CARLOS AND DENNIS M. LALATA
WITh DIANNE C. DESPI & PORTIA R. CARLOS

Democratic Deficits in the Philippines: What is to be Done?

2010

CLARITA R. CARLOS, Ph.D. and DENNIS M. LALATA
with DIANNE C. DESPI and PORTIA R. CARLOS

KONRAD ADENAUER STIFTUNG

Democratic Deficits in the Philippines: What is to be Done?

Copyright 2010 by Clarita R. Carlos, Ph.D., Dennis M. Lalata, Dianne C. Despi and Portia R. Carlos ALL RIGHTS RESERVED Except for brief quotation in a review, this book or parts thereof, must not be reproduced in any form without permission in writing from the authors. The views and opinions expressed in this study are those of the authors and do not necessarily reflect those of the Konrad Adenauer Foundation and of the Centrist Democratic Movement. Published by Center for Political and Democratic Reform, Inc. 13 Bautista Street., University of the Philippines Campus, Diliman, Quezon City Konrad Adenauer Foundation 5/F Cambridge Center Bldg. 108 Tordesillas corner Gallardo Streets Salcedo Village, Makati City Philippines Centrist Democratic Movement 804 Batis Street, Juna Subdivision Matina, Davao City Philippines ISBN 978-971-94932-0-4

Foreword When this book is published, many voices will be heard from civil society, the academe, the media and foreign observers in the Philippines expressing their hopes and great expectations for the strengthening of democratic good governance and a more successfull socio-economic development under the new administration of President Benigno Aquino III. His campaign, built on the credible promise of bringing down corruption and wrongdoings in the State Institutions, has opened perspectives for a better life for the ordinary people in the eyes of many Filipinos. There is no doubt that the importance of a good person, with the right intentions and with character, imbued in the highest office of the country, cannot be overestimated. With the extraordinary powers the 1987 Philippine Constitution bestowed upon the President, he will be able to change things and move the country forward – even with the limitation of only one six-year term in office. However, the example of the Ramos Administration in the ninetees, during which democracy seemed to have stabilized and a fresh wind of socioeconomic development pushed the country for some years into the mainstream of the booming SoutheastAsian region bears remembering how the country can fall back into political turmoil and socio-economic deadlock after a change of administration. It is of great benefit from this study of Prof. Clarita Carlos that she is analysing the deep causes behind the problems which plague the Philippine Democracy from its restoration in 1986, nearly 25 years ago. Many people are blaming the Philippine culture for the flaws and weaknesses of the democratic processes; for the lack of progress in poverty alleviation – as opposed to neighbouring countries like Malaysia or Vietnam. But Prof. Carlos shows, that it is mainly the institutional set up of the Philippine brand of Democracy which, in spite of the good principles and intentions of the 1987 Constitution, perpetuated the patronage system inherited from the Spanish colonial period. It likewise prevented effective participation of the ordinary people in the political system that lead to lack of control of executive powers and subequently to overwhelming corruption. In order to create sustainable progress, the new administration has to correct the wrong incentives in the electoral system and democratic procedures which do not leave room for the development of a structure of authentic member-based and program-oriented political parties – the backbone of a functioning democracy. It has to level the economic playing field by opening up and encouraging competition in local and national markets which are presently dominated by powerful cartels or family clans. This will create a liberal framework in which job creation and poverty alleviation can take place. It finally has to provide much better competences and share much more substantial budget from the central government to the local and regional government units along the principle of subsidiarity; thus setting free the dynamic forces of the masses fighting to improve their lives and bring real democracy to the country. Clarita Carlos, further to the analysis of many democratic deficits of the country, presents in this book a great number of well assessed and oftentimes innovative suggestions for the solution of the problems. We, the Centrist Democratic Movement(CDM) of the Philippines and the Konrad-Adenauer-Stiftung, hope that we can contribute, with the publishing of this study, toward a broad and honest cooperation of Centrist Democrats from different political background for a fundamental and well targeted reform policy in the coming years. Manila, August 18, 2010 Peter Koeppinger

the Christian Social Movement (CSM) and their youth groups Young Christian Socialist (YCSP) began to formulate their own version that encompassed an important segment of our society – the Muslim community. misuse. Instead they planted seeds. beliefs and strategies of governance. the SUCCESSOR GENERATION will now take center stage in assuming the responsibility for reforms in the Philippine Society. authority and responsibility – their use. we seek to enlighten ourselves with the principles behind good governance – with a greater priority toward political party formations. Organized as the CENTRIST DEMOCRATIC MOVEMENT (CDM). This. abuse and even non-use. Mostly composed of Young Professionals and youth. Guided by its core belief – respect for Human Dignity – political. the Philosophy behind Christian Democracy in the Philippines underwent substantial changes reflecting local political realities. political parties encompass an array of positions in a spectrum – from the extreme left to the extreme right. What is required is clarity of beliefs and approaches for governance – which in political mature countries are lodged in political parties. What are needed therefore are two or three distinguishable political parties that must precipitate a clash of ideas and principles – the better to present the optimum alternatives to the electorate. the CDM must set out to do. Lorenzana CDM Convenor . must begin to understand that it is now their turn at the helm. They did not enforce upon the body politic their concepts of governance. KAS has been in the country for the greater part of four decades advancing the philosophy of Christian Democracy (CD) as practiced in Germany and some European countries. Manuel Manahan. The themes underlying the CDM’s philosophy of good governance and truly functioning rule of law are focused on electoral reforms and building sustainable political parties.The SUCCESSOR GENERATION. As repositories of political theories.MESSAGE The last few months of 2009 saw the fruition of an initiative by THE TECHNICAL ASSISTANCE CENTER FOR THE DEVELOPMENT OF THE RURAL & URBAN POOR (TACDRUP) and KONRAD ADENAUER STIFTUNG (KAS) on a political education program that transcends a generational divide . economic and social order must be so logically designed that the dignity of each person is protected and promoted. Thus in the early 70s emerged the Christian-Muslim Democrats – which over time dropped the religious/cultural undertones to be known simply as CENTRIST DEMOCRATS. But running a country is a complex system that requires the comprehension and appreciation of power. Political stalwarts of the era. The Centrist Democratic Movement Federation of the Philippines collectively supports the notion to abolish the deficits in democracy that continually negate the development of all sectors of the Philippine Society. Ramon Magsaysay and the early adherents. Lito Monico C. Raul Manglapus.be focused – live straight and learn well. This bias towards creation of sustainable political parties is elementary. With the help of specialists in particular issues. To the SUCCESSOR GENERATION. Clarita Carlos’ study on Democratic Deficits is a timely piece of work that can provide the SUCCESSOR GENERATION a general guide towards the strengthening of democracy. the SUCCESSOR GENERATION. in your political journey ahead . the introduction and strengthening of a social market economy and the restructuring of the state decision making process through a decentralized system of governance following the concepts of subsidiarity. nurtured them and waited for them to bear fruits. In the decades since then.

a former star student of mine and a cum laude from our university. Portia Carlos.. Dr. This book would not have seen the light of day were it not for the indefatigable research team I had led by Mr. we look back and discover rather pleasantly how much the collective efforts of individuals can result in a very involved examination of an issue area. Dianne Despi and Ms. in this case. His infinite patience and attention to details had served us well as we went into the final activities of putting this book into print. This book will not come into being were it not for the continuing support and trust of the Konrad Adenauer Foundation under the helm of Dr. not too pleasantly. we were not just writing a book. Dr. who enthusiastically rowed along side us as we questioned assumptions. for helping us discover the path of how our democracy can be better by addressing our democratic deficits so the lives of 100 million Filipinos will also be better. Happily. We also discover. Peter Koeppinger had barely warmed his seat as the new Resident Representative of the Konrad Adenauer Foundation when we met for a welcome and getting to know you lunch. the other members of the research team. what our democratic deficits are and most importantly.. Dennis Lalata. what is to be done to address those deficits. these democratic gaps.ACKNOWLEDGMENT In November. Clarita R.. counter checked data and argued and challenged the validity of the many diagnoses found in extant literature. has shown over the years a remarkable development of his critical faculties as well as of his writing. Carlos . that the work of filling up these deficits. It is not an accident that this book is directed to the new leadership of our country which has promised us change and to them is this book dedicated. Koeppinger. Thank you. when a work is finished. would require some very genuine efforts on all our parts to change and be part of that change.. My heartfelt gratitude also goes to Ms. the many promises of democracy which have been compromised by our system of governance. Dennis. Always. we were learning so much in the process. where we want to go. Peter Koeppinger. Little did we both realize that that lunch will result in this book where we both agreed that there should be a comprehensive and non-partisan reckoning of where we have been as a nation. 2009.

.. 88 III...183 Conclusion ……………………………………….. Food Security………………………………..168 B.…. Democratic Institutions………………………………………………………………. Education System………………………………………………………………..………………………………………..………………………………………….114 C.168 A. Local Government-National Government Relations……………………………. Health…………………………………………………………………………….125 D.102 A..27 D..16 A.. Population ……………………. Political Parties/Electoral Reform……….. Insurgencies………………………………. Introduction…………………………………………………………………………… 14 II. AFP/PNP Reform…………………………………………………………………..25 C. Political Dynasties………………………………………………………………….... Environment……………………………………………………………………..…………………………………….158 IV. Rule of Law and Justice Reform .152 E..……………………………………………….. Public-Private Sector Partnership …...190 End Notes……………………………………………………………………………….…………………………….208 . Social and Economic Systems………………………………………………………. Corruption………………………………………………………………………… 56 E.1 I.192 Bibliography…………………………………………………………………………….TABLE OF CONTENTS Executive Summary…………………………………………..102 B.……………………………………. Special Concerns…………………………………………………………………….. 16 B..…………………………………………….83 F.……………………………………....

159 List of Tables Table 1 – The Philippine Justice Sector…………………………………………………….63 Table 8 – Conventional Health Status Indicators... Rich Urban Communities versus Poor Rural Communities……………………………………………...115 Table 9 – Countries Most Exposed To Natural Hazards (From Multiple Hazards)…….60 Table 6 – Political and Economic Risk Consultancy 2010 Annual Survey…………………...132 Table 12 – Diversity and Endemism (Philippines)…………………………………………. 1997-2003 (Philippines)……………………………………….129 Table 10 – Total Number of Disasters in Southeast Asia (1990–2009)…………………….132 Annexes (contained in the attached CD) Annex A – Political Party Reform Bill Annex B – Party List Law Annex C – Challenges to the Rule of Law Annex D – Challenges to the Philippine Justice System Annex E – ADB and World Bank Perspectives on Justice Reform Annex F – Free Legal Assistance Act Annex G – Corruption Perception Index Table for 2009 Annex H – CPI 2009 Methodology Annex I – Overview of the Legal Framework for Dealing with Corruption in RP Annex J – Rules Implementing The Code of Conduct and Ethical Standards for Public Officials and Employees Annex K – Brief History of AFP and PNP Annex L – Selected Recommendations of the Davide Commission Annex M – Selected Recommendations of the Feliciano Commission Annex N – Major Issues and Challenges in the Philippine Education System Annex O – Trends in International Mathematics and Science Study [TIMSS] comparison of instructional days in selected countries as of 2003 Annex P – Act Strengthening the Literacy Coordinating Council Annex Q – RP Millennium Development Goals on Health Annex R – Specific Health Programs of the DOH Annex S – Philippine Laws Governing Health Care Annex T – Declaration of Alma-Ata ...61 Table 7 – Factors that Predispose the Customs Service to Corruption……………………...…………………………56 Table 3 – Top Employers by Sector (as of 2004) ……………………………………………57 Table 4 – Number of Programs on Good Governance and Anti-Corruption……………….59 Table 5 – Reasons for not filing formal complaints against requests for bribes (Respondents from the Philippines) 2009 Global Corruption Barometer….29 Table 2 – Dimensions of the Philippine Civil Service (as of 2004)......129 Table 11 – Vital Signs (Philippines)………………………………………………………...List of Figures Figure 1 – Structure of Local Governments in the Philippines………………………………84 Figure 2 – GDP Growth..

Annex U –1972 Stockholm Convention Annex V – Annotation on the 1994 Draft Declaration of Principles on Human Rights and the Environment Annex W – Indigenous Peoples Rights Act Annex X – Kyoto Protocol Annex Y – Clean Air Act Annex Z – Biofuels Act Annex ZA – Climate Change Act Annex ZB – Rules of Procedure for Environmental Cases Annex ZC – Ecological Solid Waste Management Act Annex ZD – Disaster Risk Reduction and Management Act Annex ZE – Trends in the Philippine Population Annex ZF – Reproductive Health Bill Annex ZG – History of Communist Insurgency and Moro Issue Annex ZH – Organic Act for ARMM Annex ZI – 1976 Tripoli Agreement .

Democratic Deficits in the Philippines: What is to be Done? EXECUTIVE SUMMARY The purpose of this study is to identify areas where democracy in the Philippines has failed us—the democratic deficits that confront us today. We shall describe the basic features of those deficits, enumerate the major challenges, and outline what is to be done as culled from previous studies, including our own recommendations, which we think will reduce, if not totally abolish our democratic deficits. While these deficits are presented as segments, they are interrelated and are linked to each other. In the end, what is crucial in overcoming these democratic deficits is strong political leadership from the top among the three branches of government, and collective political will that can be harnessed from the citizenry. The democratic deficits and our recommendations in the area of Democratic Institutions are the following: Political Parties/Electoral Reform. Lack of accountability and responsibility and political turncoatism are democratic deficits that can be addressed in the short- to medium-term by linking the political life of party members with party membership so that their advance in politics must rely on the decisions made by their party leaders. Political parties must be required to have clear ways by which they finance their campaign and other activities and where government financing is absent, the support for the candidate forthcoming from the political party should be clear. Clear rules of accounting and auditing of party funds within party must be instituted so that no one person dictates who will get what and how much. The Political Party Reform Bill must be passed into law for better accounting, matching government support for recognized and registered political parties, and limiting election expenses. The election campaign period must be radically shortened to 60 days for the national positions and 30 days for the local positions. There is a need to reform the party list system in the Philippines along the German way of the party list which is a two-vote system for an individual party candidate and a political party. This will reflect the real intent of giving representation to the marginalized sectors of our society. There is a need to change the system of government from the presidential form to a parliamentary one which is expected to bring about many changes in the party system because the party or a coalition of parties obtaining the highest number of votes in the legislature gets to form the government of the day; by shifting to a parliamentary system, we will be able to overcome the many complications present in a presidential form of government, compel party loyalty, reduce the campaign period and even reform campaign financing where government shares in the campaign finance as a proportion of the votes received by the political party in the previous election. Political Dynasties. Leveling the playing field is required to address this democratic deficit. Reform of campaign finance must be carried out by reallocating resources and giving

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Democratic Deficits in the Philippines: What is to be Done? opportunities to less financially endowed but capable candidates to enter the political arena. Reform of the political party must be undertaken in order to change the election campaign period, the procedure for vetting of candidates, the manner of electing through the two ballot system and others which are all designed not to favor incumbents who have access to and indiscriminately use public resources. There is a need to pass more strict laws sanctioning corruption and misuse of public resources (taken up in the chapter on Corruption). Rule of Law and Justice Reform. The Philippines faces many challenges to the rule of law and its justice system. Reforms and other measures dealing with deficits in the justice system must be undertaken for the entire justice sector which will require cooperation among the three branches of government. Reform efforts must cover all areas of governance within the sector while paying special attention to access to justice by the poor and disadvantaged. In enhancing rationalized and coordinated law enforcement, there is a need to: (a) decriminalize certain offenses under the Revised Penal Code and special laws and codify criminal law; (b) design and adopt an integrated criminal justice information system and develop crime classification and crime indicators; (c) adopt a holistic approach to the improvement of the crime investigation system of the police; and (d) remove duplication, overlapping, proliferation and fragmentation of law enforcement functions, reintegrate police functions, and remove institutionalized politicization of the police. In strengthening the prosecution agencies and reengineering the public defense system, there is a need to establish the independence of crime investigation and prosecution agencies together with a meaningful operationalization of judicial autonomy, as well as undertake detailed review and reengineering of the entire public defense system to improve its capacity to provide services, improve access and efficiency, and strengthen its independence. Efforts must be undertaken to reengineer the institutional framework of the corrections system, devolve delivery while maintaining strong oversight, and amend the Probation Law to expand its coverage. The laws of the land must be popularized towards better community capacity to demand justice remedies and improve community contribution in providing justice remedies. There is a need to provide greater access to justice by the poor and disadvantaged through the following: (a) formation of a joint committee of the Supreme Court, the executive branch, IBP and alternative law organizations to coordinate the various legal aid providers in the country; (b) provide regular training for the members of the Lupong Tagapamayapa or peace council and strengthen the coordination between the Department of Interior and Local Government and the Department of Justice in order to enhance the Barangay Justice System with the possibility of including respected members or elders from the community in the peace council; (c) improve 2

Democratic Deficits in the Philippines: What is to be Done? services of Court Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) as components of Alternative Dispute Resolution (ADR) mechanisms being pursued by the Supreme Court in the lower courts; coverage may be expanded to include other types of cases that have not yet been included that do not involve physical violence; (d) assess possibilities for mainstreaming customary modes of adjudication in the criminal justice system; and (e) expand the ―Justice on Wheels‖ program of the Supreme Court to address the problem of jail congestion through the disposition of cases involving inmates, including minors. Continuing judicial education must be improved to enhance judicial competence. Various options to enhance judicial independence and fiscal autonomy must be studied. Complaints mechanisms and enhanced record-keeping systems for improved judicial transparency and accountability must be designed. A comprehensive study of the implications of the power of judicial review must be conducted. There is a need to act on undue delays in the conduct of trials and large backlogs in the handling of cases by: (a) adopting mechanisms for enforcing strict compliance to mandatory continuous trial and pre-trial; (b) reviewing and improving the rules of court; (c) reviewing the jurisdictional structure of the courts; (d) removing duplication and overlap and clearly defining the operational delineation among pre-trial system, barangay justice system and the courtannexed mediation system; and (e) promoting the use of Alternative Dispute Resolution (ADR) mechanisms in various agencies in the justice sector. The various challenges in the Shari‘a Courts must be addressed by: (a) creating a societal environment that is based on a unified rule of law; (b) strengthening the Shari‘a Legal Education System (both academic and continuing education); (c) improving the system for ensuring the qualification and training of Shari‘a lawyers and judges; (d) improving the jurisdictional scope and structure of the Shari‘a court system and its rules; (e) developing a Shari‘a Code of Ethics; (f) formulating a career development program for Shari‘a judges; (g) improving case management capacities and operations; and (h) structuring of Shari‘a legal fees and charges. Other measures for overall justice system reform must be carried out: (a) comprehensive review and codification of laws; (b) assess and evaluate the Medium-Term Development Plan for the Criminal Justice System (2007-2010); (c) follow-through of the implementation of the Court Management Information System (CMIS); (d) follow-through on the objectives of the Judicial Reform Network in the 21st Century (JRN21); and (e) follow-through of the recommendations made in the Asia Pacific Judicial Reform (APJR) Forum 1st Round Table Discussion (RTD) held on March 16 – 17, 2006 held in Australia. Corruption. Corruption and inefficiency are a lethal combination of deficits that is robbing future generations of Filipinos many opportunities for development while benefiting

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Democratic Deficits in the Philippines: What is to be Done? vested interests. A multi-pronged strategy is required in order to address this grave ill of society which may have already become systemic. In the political arena, there is a need to reform campaign finance and end or prohibit political dynasties. In the government bureaucracy itself, there is a need to target selected ―problem‖ agencies for government reform by enhancing transparency based on the public‘s priority concerns, as well as to strengthen the Office of the Ombudsman and study alternative ways of appointing the Ombudsman other than by the President. The proposals of the various presidential aspirants in the last May 2010 elections in relation to bureaucratic reform must be considered. There is a need to strengthen third party enforcement in order to reduce or check ineligible, political appointments. Efforts must be undertaken to reform the pay incentive system to make it more competitive and reduce temptations for corruption, as well as strictly adhere to the merit system of promotion and selection of officers/officials/managers. Opportunities must be opened to enhance civil society and private sector participation by increasing transparency through public oversight and by preventing corruption through collective action. Government employees themselves must be encouraged to be at the forefront of fighting corruption and inefficiency such as the innovative approach taken by PSLINK, the confederation of public sector unions of Philippine government employees. In the fiscal area, a major overhaul of the Philippine tax system must be carried out because exemptions given have created windows of opportunity for taxpayers in the higher income bracket to avoid paying taxes. In terms of financial controls, there is a need to minimize technical jargon and make the language of the government budget more simple in order to make it more understandable to the people. The bill on the Freedom of Information Act must be passed to pave the way for the full disclosure of all government transactions involving public interest. There is a need to simplify procurement and limit the boundary exchange processes to the front line levels in order to totally insulate offices mandated to perform review and inspection functions. Budget processes must be reformed in order to achieve discipline, allocative efficiency and operational efficiency. Legal-judicial reforms must also be implemented. These include undertaking specific procedural/penal reforms such as: (a) imposition of strict penalties; (b) increasing penalties for certain offenses; (c) termination and resolution of preliminary investigation proceedings within 30 days; (d) warrant of arrest to be accompanied by writ of attachment of property; (e) conduct of speedy trials or fast-tracking of high profile cases; and (f) no issuance of temporary restraining orders except by the Supreme Court. There is a need to carry out substantive reforms such as: (a) enactment of an additional law with whistle blower protection provisions; (b) amendments of certain provisions of existing laws that provide opportunities for graft and updating of the archaic or vintage provisions; (c) codification of the fragmented anti-graft laws; and (d) the integration of the anti-graft provisions of the widely scattered special laws. The possibility of merging the Presidential Commission Against Graft and Corruption with the office of the Ombudsman must 4

(f) disband organizations not authorized by the military. there is a need to develop. (g) observe a systematic selection process for the new Chief of Staff that generates the least controversy about the choice. The politicization of the AFP has been manifested in the more than a dozen coup attempts that have occurred in the past 24 years. Armed Forces of the Philippines (AFP)/Philippine National Police (PNP) Reform. selected recommendations from the Davide Commission and Feliciano Commission are presented which have not been implemented but remain relevant to our times. operations. logistics. among others. and provincial governors. There is a need to develop an Integrated Master Plan for capacity building and training for Local governments at various levels. the Local Government Academy can coordinate all other education and training agencies. municipal mayors. intelligence. The need for capacity building in the face of various challenges on the ground is a major democratic deficit that can be addressed in the short. enhance and periodically reevaluate performance indicators for LGUs. With these persistent democratic deficits. There is a need to identify ways to enable local governments to cooperate and collaborate with one another and with other cities in other parts of the world in many aspects of governance. 5 . exchange programs with other countries which have already experienced the enhancement of their leagues may be carried out.Democratic Deficits in the Philippines: What is to be Done? be studied.e. and training functions. Local Government-National Government Relations. particularly in the areas of disaster management and environmental protection and preservation. city mayors. (h) crackdown by the military on some "big fish" corrupt officers.to medium-term by reevaluating how resources are allocated and institutional strengthening is coordinated. (b) strengthen security measures on those under detention. i. There is a need to professionalize the secretariats of the various leagues of barangay chairmen.. must be implemented in order to prevent or when dealing with coup attempts when they happen: (a) administer a justice and rehabilitation program to military participants. (e) remove or reassign officers of less than 100 percent loyalty from sensitive positions in the military hierarchy. The functions of the Inter-Agency Anti-Graft Coordinating Council to harmonize rules and joint activities must be strengthened. Alternative ways of raising revenues by local government units (LGUs) must be explored while more efficient ways of collecting local taxes must be adopted. The politicization of the PNP has been brought about by the influence of local government units through financial support and recruitment recommendations. There is a need to reexamine the Internal Revenue Allotment (IRA) formula such that performance measures and poverty indicators should be included in the bases of the allocation. The following key recommendations contained in the Davide Commission report. (c) carry out speedy action on appeals over decision on AFP courts-martial. Lastly. There must be efforts to document and replicate best practices in public sector–private sector collaboration in various local government jurisdictions. (d) implement a comprehensive program to provide timely rescue and medical assistance to troops wounded in combat.

appoint and promote and discipline the police force without prejudice to an appropriate civilian review system. (m) institutionalize necessary improvements in the military in the areas of promotion and assignments. and (n) work out a system between the President and the Commission on Appointments by which recommendations for promotions for the AFP can be categorized in practice to avoid the exploitation of the confirmation process for political purposes (this may also be applied to the PNP). there is a need to: (a) ensure that part of the funding of the AFP Modernization Program should be dedicated to modernize and upgrade medical services. the following must be seriously considered: (a) remove negotiable and highly discretionary support from LGUs. (h) provide for increased allocation of funds for the AFP On-Base Housing Program as well as its Off-Base Housing Program. (l) provision of sufficient resources and support to the Deputy Ombudsman for the Military. (e) establish an autonomous Internal Affairs Office (IAO). (f) set tenure limits for AFP finance and procurement officers. (d) strike a balance between the commanders‘ discretionary powers over the centrally managed funds (CMF) and the amount of CMF in GHQ/service HQ hands. educational benefits abroad. and compulsory attendance at military command schools (similar improvements may be done for the PNP). (g) implement full computerization of data on soldiers and their dependents to facilitate processing of death benefits and other benefits. and (i) ensure the strict implementation of existing criteria for the awarding of government quarters to officers and enlisted personnel in the active service. (b) establish an AFP Service and Insurance System. (k) encourage the purchase or charter by Congress of its own transportation facilities and prohibition on the use of military equipment and aircraft. and (c) study the scheme of hiring of doctors as doctors and compensating them according to their level of expertise and experience and not according to rank. The following key recommendations of the Feliciano Commission report must be implemented: (a) liquidate the AFP Retirement and Separation Benefit System (RSBS) in an orderly manner and return the soldiers‘ contributions. especially those before the Commission on Appointments. 6 . (b) reintegrate authority to the PNP Chief to recruit. (j) conduct of speedy and firm disciplinary action and/or prosecution against members of the military involved in human rights violations as well as of civilian law enforcement personnel involved in victimizing military personnel. (c) simplify AFP procurement procedures.Democratic Deficits in the Philippines: What is to be Done? (i) stop unfair and/or humiliating treatment and criticism of military officers by Congress and other public officials. and (c) remove LGU authority over the internal administration of the police force. To improve the state of AFP medical services. (b) review the geographic distribution of hospitals. (f) reinforce the Office of the Ombudsman by increasing funding and other support. For the PNP. purchasing and auditing. (e) strictly implement control measures over supplies.

Health. provided they meet certain criteria of qualifications and performance. among others.5 percent of the Gross Domestic Product). must be improved. while those of faculty at state universities must be doubled. With the entire world as our workplace. from ―structure before strategy‖ to ―strategy driving structure. The quality of teachers must be developed by revising bachelor‘s education—reversing it from two-thirds teaching methodology and one-third content to twothirds content and one-third methodology. The Philippines will be hard-pressed to achieve the Millenium Development Goals for Health if present trends and deficits in the health care system continue. The salaries of public school teachers at the basic education level must be trebled.‖ focus on standards not standard operating procedures. The designation of additional universities must be halted and instead the quality of education in existing and universities and colleges. including specializations. and the regulation of the entry of foreign education institutions into the Philippines. Entrepreneurship courses must be integrated in all tertiary degree programs to reorient students from an employment focus to an entrepreneurial mind-set. in order to address the problem of poor families not being able to send their children to school. With a fast growing population. there is no alternative but to equip our citizenry with the necessary skills and know-how in order to become productive citizens. including mother tongue-based multi-lingual education in appropriate areas in the Philippines. The Adopt-a-School Program of the Department of Education must be widely promoted among the private sector. raising the quality of education and addressing the many deficits therein is imperative. provincial and municipal/city universities and colleges. Reforms must be carried out in financing the health care system through multiple fund sourcing. from annual budgeting to multi-year budgeting allowing for a spending plan that is realistic and can be planned and programmed. There is a need to fully implement the Basic Education Sector Reform Agenda (BESRA) with some amendments. thereby shortening summer vacation. from ―security of tenure‖ to merit-based performance evaluation and rewards. There is a need to seriously consider adding two more years to basic education (one additional year for elementary school and one additional year for high school) or alternatively lengthen the number of school days and school hours. A national master plan must be adopted in order to establish a new typology of Higher Education Institutions (HEIs) and a rational system of national. One selected university department in every academic discipline must be upgraded into an honest-to-goodness world-class national center of excellence. There is a need to increase the budget for education to make it at par with other countries (20 percent of the national budget or 4-4. There is a need to synchronize the curricula between and among basic education and higher education sectors in order to produce college-ready and work-ready graduates. Existing budget policies and governance must be changed from budgeting without accountability to outcome-based budgeting. regional. focusing on feeding programs and financial assistance.Democratic Deficits in the Philippines: What is to be Done? The democratic deficits and our recommendations in the area of Social and Economic Systems are the following: Education System. National 7 .

Finally. practice. and integrating and organizing government facilities in accordance with the principles of primary health care based on an updated version of the Alma Ata Declaration. PhilHealth support value for identified services in the basic package may be increased. The Health Sector Expenditure Framework must be linked with the medium-term expenditure framework of the rest of the social sector agencies. Efforts must be made to improve health governance through the Department of Health (DOH) as lead institution in implementing reforms leading to universal health care. and reallocation from non-social service sectors. These include the implementation of Republic Act 9003 or The Ecological Solid Waste Management Act up to the barangay level. there can be mandatory increases in the proportion of IRA to be spent for health. The country is also at the center of the adverse effects of climate change. The environmental development goals contained in Philippine Agenda 21 must be pursued.Democratic Deficits in the Philippines: What is to be Done? government spending can be financed through borrowing (including re-financing of existing debts). improving provincial-level coordination of local health service delivery. facilitating exchange of knowledge and experiences with Asia-Pacific Economic Cooperation (APEC) economies in order to build sustainable cities. The people‘s right to a clean and safe environment and other related rights have been undermined by environmental degradation. tetanus toxoid immunization. establishing autonomous and authoritative hospital authority or hospital boards. This can be financed from the present PhilHealth reserves and increasing premiums collection. Health services (basic/secondary/tertiary) must be organized by revisiting the Local Government Code and its implementation. Measures must be taken to build sustainable cities and undertake renewal of rural areas. micronutrient supplements and essential drugs by strengthening sourcing strategies. and prioritizing the following concerns in the rural areas: 8 . Environment. There is a need to integrate and strengthen health workforce regulatory functions under one body in order to unify standards and regulations of the production. Considered a biodiversity hotspot. and condom use for the prevention of HIV/AIDS and sexually transmitted diseases (STD). the Philippines is facing various threats to its environment. and harnessing community participation at all levels of the management cycle. there is a need to promote partnerships with civil society and the private sector in order to ensure full blown implementation of health sector reforms in pursuit of the overall harmonization effort. It is imperative to increase access to essential public health services including but not limited to family planning. wholesaling and distribution strategies and retailing strategies. For local government units. there is a need to improve access to public health commodities including but not limited to contraceptives. Related to this. Health regulations (including regulation of pharmaceuticals and other health care goods) must be reviewed and strengthened. The practice laws of the different health professions must be updated and rationalized premised on health care being a team effort. and deployment of the various health professions. There is a need to manage and organize health information to maximize its value in reforming the health system. additional tax sources.

Population. and by allowing people to determine their family size by providing them with information on the use of natural and artificial contraceptives. (d) exploring more effective options for financing disaster risk and relieving the burden of disasters from the public sector. (f) making information campaigns on disaster risk management more systematic and well coordinated in all locational areas concerned. ―Green chemistry‖ and other clean technologies must be promoted through incentive systems. A host of climate adaptation and disaster mitigation measures is recommended: (a) passage of a comprehensive disaster management bill. There is a need to put measures in place in anticipation of the increased ageing population. There is a need to protect the rights of indigenous peoples in order to ensure the integrity and capability of ancestral lands that serve as ―environmental havens‖ and ―carbon sinks. Overpopulation and the increasing number of elderly persons are challenges because of the strain on limited resources for health care. including the idea of a catastrophe insurance pool. outmigration. Overpopulation can be addressed through a combination of population management. (c) crafting a National Adaptation Plan for Climate Change. Depopulation may also be achieved by promoting regulated out-migration of families which is in fact already being done. 9 . and reform of the pension system. (e) pursuing the promotion and undertaking the widespread use of renewable energy and promote energy efficiency to cut carbon dioxide emission. The provisions of the Clean Air Act must be strictly implemented. building codes and related laws in support of disaster risk reduction. (b) geo-hazard mapping of all regions in the country and the implementation of soil stability measures for landslide-vulnerable areas.Democratic Deficits in the Philippines: What is to be Done? (a) areas that may be reserved for small-scale mining.‖ A workable criminal and civil liability framework must be put in place that will serve as a deterrent to and facilitate claims for environmental damage. housing and other basic services. There is a need to rationalize the cost of these two programs and provide a common standard of old age protection to all workers. (h) setting up a system for evaluating the utilization and impact of the Local Calamity Fund (LCF) of local government units. such as by possibly merging the Government Service Insurance System (GSIS) and the Social Security System (SSS) and instituting a sustainable pension mechanism for an ageing population. (i) strongly enforcing zone regulations. Clean technology must be promoted while addressing pollution and environmental damage. Population growth may be controlled by lowering the incidence of unplanned pregnancies through the provision of information on reproductive health to the public. regardless of sector of employment. and (c) the impacts and effects of aerial spraying. and (j) implementing disaster mitigation measures recommended by previous studies for countries in similarly situated areas. (b) defensive measures in dealing with forest fires. and/or contingent credit facilities. (g) integrating Disaster Risk Reduction concepts in the curricula of both public and private schools. The China model may be worth studying in this respect.

there is a need to: (a) improve on governance and efficiency in delivering social services to the people. and (g) create and maintain a better finance environment for small and medium enterprises (SMEs). especially those which deal with tariff and trade. and develop an orderly. (d) implement the complete disarmament of warlords and remove private armies from service to political families in Mindanao and across the country. more efficient system of networks between the government.‘ (f) push for agricultural and natural resource research and development programs jointly pursued by both the government and the private sector to increase productivity in these two major sectors. or will it exacerbate differences and problems between the central government and local units?. In the political sector. This will give stability to employment through a ‗sustained rise of output and productivity‘ which creates an assurance in the people of improving welfare standards in the country. (e) prioritize drafting policies and programs ‗geared toward facilitating the exit of inefficient firms and entry of new ones. civil society and the private sector. (d) properly implement set rules and regulations for the business sector and removing special treatment for a particular set of businessmen or companies. 10 . (c) review laws which have been set for the economy. The democratic deficits and our recommendations on Special Concerns are the following: Insurgencies. (c) revise and strengthen loophole-riddled laws to decrease so-called ‗structural weaknesses‘ brought about by outdated and compromised legal and justice system.Democratic Deficits in the Philippines: What is to be Done? Public-Private Sector Partnership. The government should prioritize the creation of jobs. including investment incentives. particularly in areas in Mindanao where these challenges are rife. The absence of a strong partnership between the government and the business/private sector as the engine of growth is a deficit that must be addressed if we would like development to trickle down to the grassroots. (b) study the pros and cons of federalism—will it be a better solution to the Mindanao issues. and investments. proper implementation of rules and programs to render the best service possible. and revise those which seem to be outdated. The Communist insurgency and the Moro issue have derailed development in the rural areas. Measures must be undertaken in various sectors in order to address these democratic deficits. this includes constitutional reforms and further definition and clarification of rules of engagement. This can be done through the following: (a) expand opportunities in agriculture and tourism to address the unemployment issue. improving the physical environment and the telecommunications sector would help in the quality of product transportation and develop more efficient business transactions. (b) strengthen the poor physical infrastructure of the country. and (e) enhance connections within the government agencies involved in delivering goods and services to the public.

The following may be implemented in the medium-term: (a) draft feasibility studies for agricultural development and agribusiness prospects. In the social sector. farm-to-market roads. and (e) remove constraints to domestic trade in order to link small farmers to markets. For the short-term. (b) increase smallholder farmer food production. (b) rehabilitate access tracks. (d) reduce post-harvest crop losses and community-based food stocks. (c) rehabilitate small-scale irrigation. (d) manage macroeconomic implications. The country has experienced food shortages from time to time which are a manifestation of how fragile our state of food security is in the Philippines. (d) rehabilitate damaged health and educational facilities.00) instead of on the farm gate price (which is a lot lower) and help farmers to sell rice directly to consumers at that retail price. (b) construct core shelters for displaced individuals and families. feeds. (c) provide farm and fishery materials and equipment. coupled with the proposal to impose a ceiling on the retail price of rice (for example PhP33. Food Security. However. and (e) develop health programs dedicated to the care of infants and children. The following may be undertaken immediately: (a) enhance emergency food assistance nutrition interventions and safety nets. small bridges and irrigation facilities. and (d) implement farm and non-farm livelihood projects. the other traditional areas for food production should not be neglected. (c) adjust trade and tax policies. soil conservation by cash or food for work. there is a need to: (a) develop inter-faith dialogues as confidencebuilding measures to further discuss and understand issues which plague both the Muslim and Christian peoples in Mindanao. Mindanao should be developed as the country‘s food basket. (c) develop projects for capacitybuilding for various local institutions. 11 .Democratic Deficits in the Philippines: What is to be Done? In the economic sector. Food production and agricultural productivity programs must be put in place in order to deal with this deficit. (b) remove barriers to domestic trade. (b) enhance the Madrasah educational system to cater to the intellectual and social needs of Muslim children. and (b) make and strengthen partnerships between the government and private sector to push for the development of small and large-scale agricultural businesses. veterinary drugs/services and small pumps to those in need. fertilizer. storage facilities. and (e) provide immediate supply of seeds. The following may be implemented in the short-term: (a) provide educational assistance to out-of-school youth. and (c) decrease and eventually abolish the presence of children involved in conflicts by safeguarding their rights to life and education. the following may be carried out immediately: (a) deliver food aid. the following may be implemented: (a) study the proposal to transform the National Food Authority into a postharvest service institution. and providing rehabilitation services for children who had gone through episodes of being involved in conflict areas. and make them more accessible to all.

(k) speed up peacebuilding processes in Mindanao. 3. transparent and private-sector led markets for food produce and quality inputs. (n) strengthen physical infrastructure. (b) stimulate public-private investment in agriculture. Insurgencies. Achieving respect for the rule of law and undertaking reforms in the justice system are very much closely related to eradicating corruption and inefficiency in the three branches of government. (e) improve rural infrastructure. (g) support development of producer organizations. it is very difficult. the following may be carried out: (a) improve enabling policy framework. especially in Mindanao.e.Democratic Deficits in the Philippines: What is to be Done? For the medium. (c) ensure secure access to and better management of natural resources. 2. increasing nutrient content of products. and (p) improve on aquaculture technology—higher yield from the fisheries sector would lower prices for protein-rich fish which could be used as substitutes for meat and poultry products. in the following order of priority: 1. i. (m) manage population and improve education. building more quality farm-to-market roads and better irrigation systems. (j) provide farmers in rural communities with better access to equipment. but also for the whole Philippines. Good housekeeping should be the first priority for the new leadership to be effective in implementing all other reforms. and to the country as a whole. 12 . (o) improve on agricultural technology—this includes finding ways to prolong shelf-life of products while not using expensive and harmful fertilizers and pesticides. Development can only be pursued if there is a sound working relationship between the government and the private sector. Peace is a pre-requisite to development. Unless there is peace in the various regions. (h) strengthen access of smallholders and other food chain actors to financial and risk management instruments. Public-Private Sector Partnership. and optimizing soil usage through alternate cropping.to long-term. within the next five years. Corruption/Rule of Law and Justice Reform. where vast potentials for development remain untapped. (i) implement genuine agrarian reform programs which do not patronize selected sectors of society. water and biodiversity. facilities and other agricultural supplies until they achieve self-sufficiency in producing their own crops for their own families. not only in that particular region. (f) ensure sustained access to competitive. which will further ensure food security. (d) invest in agricultural research. the new leadership needs to focus on certain urgent tasks that correspond to the most critical democratic deficits. if not impossible to bring development to those areas. including land. While most of the recommendations presented herein per issue area can actually be carried out by the concerned Cabinet secretaries and their respective departments. We believe that the most urgent tasks for the new leadership that in order to lay down the groundwork for economic development are as follows. (l) secure public sector partnerships with the private sector and NGOs in research in order to help in the promotion of agricultural development.

Local-National Government Relations. The new leadership must ensure that a reconfiguration of the political party system as well as the pursuit of electoral reform will be carried out to pave the way for principled and party-based leadership. 13 .Democratic Deficits in the Philippines: What is to be Done? 4. Only by dealing with each of these democratic deficits in a holistic manner do we have any hope of rising above our own failures as a people. Political Parties/Electoral Reform. Implementing policy for development and basic services must be carried out consistently at various levels of governance down to the smallest political unit which is the barangay. Only by ensuring that our democratic institutions are capable and up to par in coping with our democratic deficits can we be assured of an opportunity to reduce or abolish these deficits. in contrast to purely personality-based leadership that we have now. 5.

Finally. INTRODUCTION Post-independence in 1946. We shall also attempt to identify. They are deficits in the way we degrade our environment paying little attention to the next generation. They are deficits in representation. recommendations on how we proceed to reduce if not altogether abolish these deficits altogether. as far as practicable. They are deficits in the high number of Filipinos who are not able to obtain education and who are not given an opportunity to improve their lot. many deficits of our democracy. it was also socialized by the American colonizers to the ways of democracy. Finally. In the 1960s. water. Five decades later. medium-term and long-term. they are interrelated and are linked to each other. Why are we where we are now? What has happened to the promise of democracy that political and economic freedoms will lead to the good life? What happened to the promises of our elected representatives that they are going to represent our interests? What happened to the political party members who sought our votes but who later on changed their political colors? What happened to the promise of the rule of law? Of predictability of outcomes? Of the value of hard work? Of integrity? Why are we now the Sick Man of Asia? The purpose of this study is to identify areas where democracy has failed us. we aver that while these deficits are presented as segments. food. be categorized into immediately doables. They are deficits in the economy which exports a lot but does not produce employment. the Philippines not only copied many features of the US political structures. Each one of the aforementioned deficits will be tackled. short-term. they are deficits in the way health. accountability and predictability. They are deficits in the relationship between the local government and the national government. Having been under the tutelage of the United States for nearly 50 years. the Philippines was second to none except Japan. The ―what is to be done‖ shall. shelter and the many other fundaments of living are neither provided for nor are the opportunities to reach them given. the agency(ies) that will be responsible for the changes recommended. we are preparing to elect new leadership for our country with a presidential election and election of the new Congress all intended to bring about new politics. They are deficits in the way we treat our minority communities. the Philippines finds itself at the bottom of every list measuring the quality of life and various human development indicators. At the time of writing. the Philippines was known as the ―showcase of democracy‖ in the Asia Pacific. 14 . They are deficits in governance. It only ranks among the first in two lists: the list of the countries perceived to be most corrupt and the list of countries most hit by disasters. We call this phenomenon as democratic deficits. their basic features described. to the extent possible. They are deficits in transparency. These are the many. the major challenges identified and most importantly.Democratic Deficits in the Philippines: What is to be Done? I.

will it be old politics with new faces? It is hoped that this study may provide some guidelines for the new leadership in the three branches of government to be able to discern where we shall start mending and reengineering and streamlining as we tortuously and collectively decide that we no longer wish to be labeled the Sick Man of Asia. 15 .Democratic Deficits in the Philippines: What is to be Done? Or.

then. puts it along some form that can be translated into policies.Democratic Deficits in the Philippines: What is to be Done? II. political dynasties. and impeachment are all enshrined in our fundamental law which gives every citizen not only the right to vote but also the right to oust its elected leader. the number required will be either 16 . The citizenry also signals to the elected leadership that sovereignty resides in the people and all government authority emanates form the people. Important committee chairmanships and memberships are distributed along party strengths. initiating legislation. Political parties.2 It is the political party which aggregates all the articulated interest of the citizenry. The power of recall. In some important cases like the declaration of a state of war. initiative. the citizenry assumes that this promise will find realization in the legislators elected in Congress who will legislate along the promised ―eradication of poverty‖ of this political party. Political Parties/Electoral Reform Role of Political Parties in a Democracy Political parties are so central to the life of any democracy. Political parties through their party platforms promise the electorate a certain way of governing.1 Political parties differ from other groups in their goal to get into positions of power and contest elections. are the main vehicles of democracy. then. DEMOCRATIC INSTITUTIONS This chapter will present the democratic deficits in the area of democratic institutions. It is the political party which brokers all the demands of the citizenry as they make known what they need in order to obtain the good life. Parliamentary procedures on delivering speeches. Thus. impeachment cases. for example. ratification of treaties. therefore. In the 24-member Senate and the 248-member House of Representatives. Political parties provide the crucial choices that democratic elections are supposed to engender. committee participation and the like all require the backing of a political group or a coalition thereof. No one politician can promise to the electorate anything sans a political group/party backing him up. rule of law and justice reform. Democracy is underpinned by the principle of periodic changes of leadership. no ordinary law may pass without a majority of votes of its members. local government-national government relations and the increasing politicization of the AFP and PNP. if one political party promises that eradication of poverty is the keystone of its government program once elected. Absent the political parties. referendum. the many demands of the citizenry will remain unarticulated and will find no voice in any of the instrumentalities of government. A. corruption. This will include the challenges of political parties/electoral reform. It is through political parties that such changes of leadership and policies may occur.

as follows:      according to political subdivisions and structures: national. under Spain for nearly 400 years. reformist.5 A brief note on history. This is how important political parties are in the life of our democracy. confessional or religious.Democratic Deficits in the Philippines: What is to be Done? two-thirds or three-fourths of the entire membership of the legislature. what is the nature of political parties in the Philippines? Luzviminda Tangcangco. according to membership: elite.4 Perhaps. They have no enduring organizational identities and no clear constituencies. dictatorial. even ethnic or tribal. ideological. Party members do not pay regular dues to fund party operations. Thus. has classified parties into five types. Philippine political parties are really brand names whose current owners trade on a bit of history to give themselves a touch of stature. according to adherence to set of beliefs or principles: nationalist. the Philippines experienced three waves of colonization. sometimes. a Filipino scholar. cadre. communist. The leader of the party is usually the one who can fund its electoral participation.3 Nature of Political Parties in the Philippines Given all the foregoing. They expect the party to financially support them. They are dormant much of the time. under United States for nearly 50 years and a brief 4 years of Japanese Occupation during the US Commonwealth period prior to independence in 1946. namely. They promote no distinctive visions or programs. mass. A leader with no funds of his own to dispense will be unable to hold the party together. territorial or inter-territorial. Both Spain and America took advantage of the existing local administration at the time of occupation and both coopted the local leaders through vast 17 . according to type of leadership style: charismatic or personality. no one can best describe Philippine political parties than noted sociologist Prof. Randolph David who describes the nature of political parties in the Philippines as follows: Our political parties are incoherent and unstable. local. coming alive only during elections. according to orientation and goals of group and group activities: power oriented and policy oriented parties and parties of action or parties of expression. They have no sustained programs for recruiting and nurturing new leaders. Since the 16th century. regional. Their hold on their leaders and members is weak. pluralist. no one lone candidate running as an ―independent‖ can ever succeed in delivering on any of his electoral promises unless there is a political group/party or coalition backing him up.

come voting time for legislation.Democratic Deficits in the Philippines: What is to be Done? landholdings grants and power sharing in the local realms. After elections. Democratic Deficits of Political Parties in the Philippines What are the democratic deficits of Philippine political parties?7 The first deficit that we can identify is the deficit in accountability. Political parties are not continuing entities as they should be.‖ Thus. the voting citizens who have perceived certain promises of the candidates during the campaign period to be aligned with their demands will now expect these elected representatives to realize their promises in Congress or in the Executive positions to which they have been elected.‖6 In a later section. little differing from each other and their programs of government often unarticulated in a comprehensive national strategy. one may not expect a party vote in many cases. 18 . In fact. the clear absence of a national strategy of all the present political parties is a major democratic deficit as it immediately defines the lacunae of sets of policies that the party will be guided by if and when it gets into position or power. They do not have dues-paying members and as noted earlier. a political party leader usually banks on his own funds or relies on some business or other supporters for the campaign requirements of the party. Political parties in the Philippines are largely undifferentiated. credulous and childlike. the political party members who have been elected will be hard pressed to follow a ―party line‖ because there is no defined ―party line. Why is this so? Why are the elected representatives not compelled to follow a party line? The answer lies in the nature of the campaign dynamics. The deleterious consequence of undifferentiated political platforms and programs is clear. their platforms merely a recitation of general principles. we shall see how this historical antecedent coupled with the electoral system will contribute to the emergence of many political dynasties. The political parties which emerged prior to the grant of independence in 1946 were largely composed of landed elites which the United States encouraged as most of these colonial administrators believed that the masses were ―ignorant. radio and other media exposures. the candidate who decides to be a member of a political party expects the party to finance his campaign and support him during the campaign period by financing his TV. In the absence of a national strategy and program of government as guidelines to action. Thus. the oligarchy which Spain and America cultivated and nurtured eventually became the kernel of the present political parties. Thus.

In a study by Carlos on the dynamics of political parties. may depart from the promised party program of government as the citizenry has little opportunity to compel compliance thereof. There is neither accounting nor auditing of campaign contributions. there is a huge democratic deficit here. Earlier. the elected party member is not compelled to vote according to a party line. then. Then. The party leader. So. 19 . not to the party. When this happens. it was reported that campaign financing is mostly sub rosa. we break the promise of democracy where the political party is supposed to be responsible for translating the demands of the electorate into decisions or policies. where is accountability and responsibility here? Clearly. until next elections. when the time comes for crucial votes on major legislation. Since the candidate is beholden only to the party leader. in turn. three candidates for President. Also. we noted that all the platforms of political parties and their programs of government are not differentiated. have changed their political parties and became ―guest candidates‖ of the other party.Democratic Deficits in the Philippines: What is to be Done? Loyalty is engendered to the party leader. while there may be on paper a procedure for vetting candidates. Thus.8 What is the consequence of this kind of non-accountability in campaign finance? Clearly. For one. Alas. for the highest position of the land. of course. come crunch time. because political parties are not continuing organizations. the party members do not ―grow‖ into the party. Most times. Despite the campaign laws on campaign finance. what about the frequent changing of party colors of the candidates? This has been labeled ―turncoatism‖ and has been a fixture of the Philippine political landscape since independence. The political party member easily transfers to another party where he thinks he will be more advantaged in many ways because there is no sanction linked to his changing party color. We recall that since independence. Why is political turncoatism so rampant? Recall the campaign finance we discussed earlier and the undifferentiated party platforms and programs. campaign contributions from business or even sometimes from foreign sources are directly given to the political party leader. then. this affects both party discipline as well as accountability of the elected representative to the electorate who voted him to power. the reporting of election related expenditures are pro forma where the Commission on Elections (COMELEC) has neither the capability to question nor to check the reports of each party on campaign spending. In some cases. even the citizenry is hard pressed to make the parties accountable for the vague promises they made during the campaign period. the turncoat even gains political capital and support when he changes parties. changing political parties or crossing the aisle as in the British tradition does not lead to political suicide in the Philippine context.

to medium-term. This way. then. They will be revived or resurrected only when election comes. when the political party asks the party member to vote according to what the party dictates. then. there is a need for several approaches to change the way political parties behave by changing the landscape within which they operate within the short. democracy is seriously compromised. the accountability is clear. then. Political parties must have clear ways by which they finance their campaign and other activities and where government financing is absent. The political party must be the only lifeline of the party member so that his advance in politics must rely on the decisions made by his party leaders. Meanwhile. there is no opportunity for serious and active recruitment of younger members who will grow into the organization. far between and half-hearted at best. This also has links with party finances. sets the rules… No one in the history of Philippine political parties has been made to pay for changing party color. the support for the candidate forthcoming from the political party should be clear.Democratic Deficits in the Philippines: What is to be Done? determining who will run in what constituencies. There is a political party reform bill which failed to be legislated upon in the last Congress and which really needs to pass soon. these decisions are made only by few party ―big guns‖ if not made by the paymaster who is the party leader who controls all the funds. The implications for party accountability and responsibility are crucial to any democracy. for most parts. As they say. What about party organization? What about party recruitment? What about party membership? What about continuing education and training of its members? All these are basically absent or merely pro forma as political parties become moribund as soon as elections are finished.) What it may stipulate is better accounting of party funds as well as matching government support 20 . What is to be done? Clearly. whoever has the gold. Where the political party member/candidate cannot be made accountable for the promises he made in behalf of his political party. there must be clear rules of accounting and auditing of party funds within party so that no one person dictates who will get what and how much. Because party finance right now is basically controlled by the party leader. How do we stop political turncoatism? Party loyalty can only be engendered by making the political life of the party member linked with his party membership. Whatever passes of continuing education and training of its members are few. Party finance reform can also be legislated upon as it is being done at the time of this writing. There is no loyalty engendered by paying dues by members. (See Annex A for Political Party Reform Bill.

What about the present party list system? In the 2010 election as of this writing. Vice President and the members of Congress and 30 days for local positions. And. Given this stricture. How did this huge number of party list groups come about? 21 . the election period can easily be truncated to three weeks which is just enough time for the candidate to go around his electoral district which consists of about 250. there were 187 party list groups which were registered with the COMELEC. we may be able to compel party loyalty and we reduce the campaign period and even reform campaign financing.000 inhabitants. And. what about the election campaign period? Under present election rules. The requirements of having to campaign all over the 7. This accounted for the nearly two feet of ballot that will be used for the election on May 10. Note that in a parliamentary system.Democratic Deficits in the Philippines: What is to be Done? for recognized and registered political parties. Concomitant electoral and legislative rules may also compel party members to stick not only to party lines but also not to cross the aisle or change political parties. the campaign period is an excruciating 90 days for the President. as in the case of Great Britain. a major source of corruption later. As we can see. Thus. This is also one way of limiting election expenses during campaign. This is expected to bring about many. when we shift to a parliamentary system. on the average. 2010. a political party member who has not been disciplined before will more likely be disciplined by his party members because the life of the political party relies on the continuing loyalty of the party members. The period for campaign should be radically shortened to 60 days for the national positions and 30 days for the local positions. we should also consider changing the system of government from the presidential form to a parliamentary one. This will be discussed at length in a later section of this chapter. The election period need not be 90 days as it is presently because no one will run for a national position.107 islands of our archipelago is a gargantuan task not only requiring tremendous funding but huge logistical challenges. And. many changes in the party system. New elections may bring about new majorities or new coalitions. The one who will become Prime Minister under a parliamentary system runs as a regular member of parliament in his electoral constituency. the party or a coalition of parties obtaining the highest number of votes in the legislature gets to form the government of the day. elections may happen anytime the government of the day gets a vote of ―no confidence‖ and is thrown out of office. the parliamentary system is definitely party government. In a parliamentary set-up. then.

This became the seed of what eventually became the Party List law which allowed so called marginalized groups to be represented in the Philippine Congress if they obtain two percent (2%) of the total votes cast so long as they do not exceed 30 percent of the total number of seats in Congress.‖ the number of groups included in the final ballot ballooned to 187 as it is now. 22 . Note that. even with 20 percent of the seats granted to the party list groups under the present election laws.) The party list system has wreaked havoc in our elections as so many. The party list system in the Philippines should be reformed along the German way of the party list. As it is practiced in Germany. then. In a single member district system using the first past the post system of plurality. then. Evidently. it will be quite difficult for even these groups voting collectively to vote in or vote out any bill for consideration in the house. Then. Also. Each political party submits to the federal election body the party list containing an ordinal list of party members in advance of the elections. the voter casts two votes. there was a clamor for the representation of ―marginal‖ groups for sectors which were perceived as not adequately represented by the then Batasang Pambansa or National Assembly. the COMELEC may again be confronted with the conundrum of having to go through so many groups who deem themselves marginalized and getting them accredited. parties getting so many thousands of votes for their candidates lose out in the number of seats they obtain. For a party to be eligible to sit through the party list. then. During the martial law regime in the administration of President Ferdinand Marcos. it is easy to see how many times. If the political party garners 40 percent of the total votes cast. it should get 40 percent of the seats in the legislature. Thus. many groups claiming to be ―marginalized‖ sought accreditation with the COMELEC. it must elect at least 3 candidates through the single member district system by plurality. (See Annex B for Party List Law. the party list as practiced elsewhere like in Germany was intended to prevent the democratic deficit arising from political parties losing seats yet getting votes disproportionate to the votes cast for its candidates. The mixed single member district and the proportional representation system reduces the misrepresentation that occurs when only the single member district is used. if we amend the present party list law to reflect its real intent as seen in the German experience. the votes for the political party are added. the party list was adopted which was a two-vote system for an individual party candidate and a political party. the system is a mixed single member district and proportional representation system. one for the individual and another for the political party. If this is not done before the next election. Since the COMELEC officials themselves were not guided by clear rules or definitions about who are ―marginalized. we would have less problems to grapple with come election time.Democratic Deficits in the Philippines: What is to be Done? Some historical background is in order. Thus.

what happened to the party line? What happened to the election promises which now have been buried in the Realpolitik of the numbers in the House? Then. the Vice Presidency will not be necessary. the members of the House of Representatives could not but kowtow to the President since the latter has a 6-year term and the former have to be re-elected for another 3-year term.Democratic Deficits in the Philippines: What is to be Done? Since we have noted the possibility of considering the parliamentary system. this may be the appropriate time to consider the various institutional challenges of our democracy altogether. in regard to the tenure of the President vis-à-vis the tenure of the members of the House of Representatives. in a parliamentary system. We have seen the deleterious effect of this where the Vice President belongs to another political party and is left simply as a ―spare tire‖ and effectively sidetracked while waiting for the President to be incapacitated or to die. because of this power configuration. Indeed. here we have a President with a fixed 6-year term without re-election having to work with a lower house which has a term only of 3 years . however. it is possible for one to just sail along since there is no more incentive to perform because of the no re-election rule. we have a system where the Vice President is elected separately from the President.100 days which demands will certainly go beyond 6 years in its implementation. So. it is not surprising that many of the minority party members will now do a collective swearing in to the party in power so they can gain in the largesse of a majority party who is able to make decisions on the allocation/release of the pork barrel and committee chairmanships and memberships. This situation becomes a compelling reason for the adoption of a parliamentary system. consider further the demands on the presidency which has only 6 years or about 2. The empirical evidence. First. Think of the wastage both of expertise of the Vice President as well as the allocation of a big budget of his office only to be a waiting post. Third. Either we change to an election system where the two top executives are elected as a team or we altogether remove the Vice Presidential position. Fourth. Because the President cannot be re-elected. the requirement for the election of the members of the Senate nationwide continues the onerous need for tremendous amount of money for campaign funds and for special interests to be catered to as a result of such ―obligations‖ for payback after elections. too. 23 . The abolition of the Senate may be seriously considered and the reversion to a one-chamber legislature should be considered. is mixed in regard to long terms of the Chief Executive. Second. Given the rampant turncoatism among the party members.

Democratic Deficits in the Philippines: What is to be Done? Fifth. Further. we have noted elsewhere the party list anomaly where the number of marginalized groups has become so many and the COMELEC is hard pressed to define who the marginalized groups are. within the House of Representatives. and limiting election expenses Radically shorten the election campaign period to 60 days for the national positions and 30 days for the local positions    24 . many bills which should be the subject of legislation are not able to pass because the political party system is broken and there is no party line and there is no concomitant party accountability. matching government support for recognized and registered political parties. there is no way such accountability can happen because political party members change political color depending on expediencies. Committee chairmanships and members. Again. in the present system. Alas. Sixth. there should also be a change here where the government shares in the campaign finance as a proportion of the votes received by the political party in the previous election. we have noted that the party list as it is practiced today has departed quite far from what it should be as part of a proportional representation solution to the underrepresentation in the legislature. House rules and procedures become hostage to the numerical configuration in the House never mind the election promises and never mind the bigger challenge of changing things through legislation. the support for the candidate forthcoming from the political party should be clear Institute clear rules of accounting and auditing of party funds within party so that no one person dictates who will get what and how much Pass the Political Party Reform Bill into law for better accounting. governments will flourish or be forced to resign on a vote of confidence dependent on whether they respond to the needs of their constituency. in a parliamentary system. Recap of “What is to be done?”   Link the political life of the party member with his party membership so that his advance in politics must rely on the decisions made by his party leaders Require political parties to have clear ways by which they finance their campaign and other activities and where government financing is absent. This can be part of the electoral reform that has been noted in another section in this chapter. in regard to campaign finance. where there is no party majority and where coalitions at best are resorted to. Finally.

given the many economic. no one Congress has been successful in passing an anti-dynasty law to put flesh to this constitutional right to equal opportunity to serve. wives. Despite the term limits of three terms for members of the House of Representatives and two terms for the members of the Senate. the major bane of democracy is that each one of us votes to benefit and not to deliberately harm ourselves. by shifting to a parliamentary system. section 26 of our constitution states that ―The state shall guarantee equal access to opportunities for public service and prohibit political dynasties…. not enough of us can go beyond our self-interest and vote for the interest of the bigger whole.Democratic Deficits in the Philippines: What is to be Done?  Reform the party list system in the Philippines along the German way of the party list which is a two-vote system for an individual party candidate and a political party as part of a proportional representation solution Change the system of government from the presidential form to a parliamentary one which is expected to bring about many changes in the party system because the party or a coalition of parties obtaining the highest number of votes in the legislature gets to form the government of the day.‖ Given this constitutional stipulation. the requirement for a level playing field for any one candidate is violated many times. Political Dynasties Prohibition on Political Dynasties Article II.9 The problem is that many of the members of congress will directly be affected by the passage of this anti-dynasty bill as many are brothers. election requires tremendous resources which resources become the advantage of the incumbent. an anti-dynasty law may be considered antithetical to democracy which enshrines the right of every one to vote and to be voted upon. Many sessions in Congress reportedly failed to take up any anti-dynasty bill as it is invariably referred to the Committee on Electoral Reform which effectively kills it. sisters. the relatives of those earlier elected clearly have an advantage when they replace the incumbents. daughters. cultural and legal environments of our elections. As noted in the previous section. reduce the campaign period and even reform campaign financing where government shares in the campaign finance as a proportion of the votes received by the political party in the previous election B. husbands of other elected officials.  25 . compel party loyalty. sons. However. Unfortunately. we will be able to overcome the many complications present in a presidential form of government. In principle. Indeed.

Democratic Deficits in the Philippines: What is to be Done? What is to be done? Because of the difficulty of passing an anti-dynasty law, it may be better if we level the playing field giving everyone the opportunity to render public service in the area of electoral reform within the short- to medium-term. We have given some recommendations on reform of campaign finance which is now crucial to ensuring that not only the more endowed financially can contest our elections. Then, the reform of the political party is also in order to change the election campaign period, the procedure for vetting of candidates, the manner of electing through the two-ballot system and others which are all designed not to favor incumbents who have access to and indiscriminately use public resources. More strict laws sanctioning corruption and misuse of public resources are taken up in a later section on corruption. Then, too, the notion of ―good dynasties,‖ which is an oxymoron, goes against the need for periodic changes of leadership and not simply periodic changes of faces with the same names. This clearly is a democratic deficit. Alfred McCoy who wrote a monumental study on elite politics in the Philippines has correctly diagnosed the challenge thus: …the Philippine executive has, as an institution, compromised the integrity of the bureaucracy and allowed the privatization of public resources. Over the long term, then, we can conclude that such policies weaken the state and empower elite families, ultimately limiting the capacity of the bureaucracy to direct entrepreneurs and lead the country‘s development. Through this particular interaction between strong families and weak state, the Philippine economy has declined markedly compared with its neighbors in eastern Asia. In South Korea, Singapore and Thailand, the state has played an active role in national development, avoiding the arbitrary and ultimately destructive partisanship rampant in the Philippines. Such a system leaves an ambiguous legacy. By fusing politics and business, elite Filipino families have proved adept and aggressive at rent seeking, subverting public institutions to promote private accumulation. After a century, these political families have accumulated sufficient power, prestige, skill and wealth to perpetuate a system that serves its interests. Indeed, any attempt to use the state to restrain these elites may, as it did in the Marcos era, merely mask a partisan attack by new, even more avaricious families. This subversion of the public wealth in the service of private, familial wealth may be a corruption under the law but it is also the dominant feature of politics as practiced in the Philippines. (emphasis ours)10

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Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?”  Level the playing field through reform of campaign finance by reallocating resources and giving opportunities to less financially endowed but capable candidates to enter the political arena Reform of the political party in order to change the election campaign period, the procedure for vetting of candidates, the manner of electing through the two ballot system and others which are all designed not to favor incumbents who have access to and indiscriminately use public resources Pass more strict laws sanctioning corruption and misuse of public resources (taken up in the chapter on corruption) C. Rule of Law and Justice Reform Rule of Law in the Philippine Context Retired Chief Justice Hilario G. Davide, Jr. (who later became Permanent Representative to the United Nations) defined the scope of the rule of law based on the United Nations definition: From the United Nations definition of the Rule of Law, which includes, inter alia, these universal principles of: laws publicly promulgated, equally enforced and independently adjudicated and which are consistent with international human rights norms and standards; supremacy of law; equality before the law; accountability to the law; fairness in the application of the law; legal certainty; avoidance of arbitrariness, and procedural and legal transparency, it is abundantly clear that an independent, effective and efficient judiciary is indispensable to the protection, promotion and enhancement of the Rule of Law.11 Then Justice Artemio Panganiban (who later became Chief Justice) clearly explains the context of rule of law in the Philippines: The 1987 Philippine Constitution guarantees the independence and integrity of the Philippine Judiciary by placing it on equal footing as our lawmaking body (Congress) and law-executing official (the President). Our fundamental law has given our Supreme Court not only the final authority to review and correct errors of all courts in the country, but has also mandated this Court to nullify any act of any branch or official of the government -- including that of the legislative or executive department -- when that act has been done with ―grave abuse of discretion.‖

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Democratic Deficits in the Philippines: What is to be Done? The security of tenure of all judges, from the lowest to the highest courts, is guaranteed by our Constitution. On condition of good behavior, all our magistrates serve until they reach the age of 70, without any extension. Only by the tedious process of impeachment may the members of the Supreme Court be removed; while only for cause duly proven -- and only by the Supreme Court, not by the President or Congress -- may all other lower court judges be removed from office or otherwise disciplined. Moreover, the judiciary is constitutionally granted fiscal independence in two ways: (a) the salaries of members of the bench cannot be decreased during their terms of office, and (b) the appropriation for the entire judiciary cannot be decreased by Congress below that for the previous year. Once approved, the judiciary budget shall be ―automatically and regularly released‖ to the Supreme Court. The Supreme Court, not Congress, prepares and promulgates rules of procedure and evidence in all courts in our country. Also, the Court decrees rules ―concerning the protection and enforcement of constitutional rights,‖ a prerogative that is quasi-legislative in character. Moreover, it controls admission to the practice of law; for this reason, it conducts the annual bar examinations. It is also empowered to discipline, suspend or disbar lawyers.12 Rule of law is the basis for achieving justice and can be effectively used to advance national development through effective public administration.13 However, it should be noted that the rule of law is upheld and supported by the complex justice system in the country, not solely by the judicial branch: The judiciary is the branch of government tasked with interpreting laws and determining their application in actual disputes. As such, it is the branch most visibly engaged in justice administration. This is why the justice system is sometimes thought to be synonymous with the judiciary, even if it is not the only government branch engaged in the administration of justice.14 The latest study of the Asian Development Bank captures how the justice system in the Philippines is configured (See also Table 1): The justice system of the Philippines is a sophisticated network of government branches, agencies, and offices for dispute resolution, investigation, prosecution, police action, and correction and rehabilitation of offenders. No one government branch or office performs all of the above functions…. The legislative, judicial, and executive branches of government, as well as independent justice sector agencies created by the Constitution or other laws, all participate in the administration of justice.

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Democratic Deficits in the Philippines: What is to be Done? Since it is not the province of a single government branch, justice administration requires cooperation and coordination among government branches to proceed effectively and efficiently. However, achieving cooperation and coordination is a challenge. The country adopted a government that operates under a system of checks and balances, so that each branch ensures that the others do not abuse their powers. In addition, commissions and agencies independent of all government branches have been set up as further checks on government abuse. Such a system comes with the risk that justice administration agencies will relate to each other in an adversarial—rather than a cooperative—fashion.15 Table 1 The Philippine Justice Sector16 Office Branch of Government Courts Judicial Branch Quasi-judicial bodies Executive Branch (including National Labor Relations Commission) and administrative agencies with quasi-judicial functions (such as Presidential Anti-Graft Commission) Barangay Justice System Executive Branch (Department of the Interior and Local Government) National Commission on Executive Branch (Office of the Indigenous Peoples President) Commercial arbitration and Framework set by legislature, other alternative dispute implementing rules to be set by resolution mechanisms Department of Justice, corresponding rules to be adopted by judiciary Juvenile Justice System on Executive Branch Diversion (local social welfare and development departments, barangays, law enforcement officers, prosecutors) National Prosecution Service Executive Branch (Department of Justice) Office of the Solicitor General Executive Branch (Department of Justice) Ombudsman Independent Constitutional Commission Commission on Elections Independent Constitutional Commission Commission on Human Rights Independent Constitutional Commission Commission on Human Rights Independent Constitutional Commission Ombudsman Independent Constitutional Commission Anti-Money Laundering Independent financial intelligence unit Council Presidential Anti-Graft Executive Branch

Function Dispute Resolution

 

  

Prosecution

        

Law Enforcement: Investigation

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Democratic Deficits in the Philippines: What is to be Done? Commission  Various executive and administrative agencies  Philippine National Police  National Bureau of Investigation  Philippine Drug Enforcement Agency  Other law enforcement agencies and agencies with power to arrest and effect searches and seizures  Public Attorney‘s Office  Bureau of Corrections  Parole and Probation Administration  Bureau of Jail Management and Penology and Philippine National Police-supervised jails  Provincial Jails  Department of Social Welfare and Development  Local government units Law Enactment  Senate  House of Representatives Executive Branch Executive Branch (National Police Commission and Department of the Interior and Local Government) Executive Branch (Department of Justice) Executive Branch (Office of the President) Executive Branch Law Enforcement: Police Action Public Defense Corrections Executive Branch (Department of Justice) Executive Branch (Department of Justice) Executive Branch (Department of Justice) Executive Branch (Department of the Interior and Local Government) Executive Branch (local government units) Executive Branch (Department of Social Welfare and Development) Executive Branch (local government unit) Legislative Branch Legislative Branch Source: Christine V. the Maguindanao massacre and the ongoing trial of the Ampatuans. Challenges to the Rule of Law Respect for the rule of law has been a growing issue in developing and under developed countries where human rights issues and the need for dispute resolution mechanisms are the main concerns of the judiciary in those countries. the power of the President to appoint the next Chief 30 . former President Joseph Estrada‘s trial for plunder. there are many examples from the local level to the national level of how the rule of law has been simply challenged. 2007. Lao. Background Note on the Justice Sector. disregarded or even disrespected—politics in the province of Abra. In the Philippines.

(See Annex C for a detailed discussion of these various examples of Challenges to the Rule of Law. Philippine substantive law traces its origins to the substantive law of Spain. outdated equipment. lack of courtrooms and other unanswered infrastructure needs. The new Civil Code and Revised Penal Code are basically of Spanish origin.81% of government spending. it had a PhP10. population increase with accompanying socio-economic problems. is based on the common law system. are influenced by and/or are copied from American law that. varying degrees of incompetence due to lack of information flow and training.18 This means inadequate pay incentives. inadequacies of trial lawyers. in turn. piecemeal trial system. however. particularly the long delays in resolving cases. and Islamic system. or when the system of checks and balances is undermined. The Code of Muslim Personal Laws is influenced by the Islamic legal system. common law system. The procedural laws and commercial laws.798.274. The triggers may either be internal or external to the government and socio-cultural or political in nature. (See Annex D for a detailed discussion of the Challenges to the Philippine Justice System. Challenges to the Philippine Justice System Closely related to the rule of law is the justice system.) These examples show that the rule of law is circumvented when one or more institutions fail to implement and enforce appropriate laws. complexity of procedural rules. and absence of limits in other government agencies to act on cases filed further compound the problem of heavy caseload. Case disposition is a major indicator of the efficiency of the dispensation of justice. The Philippine legal system is a melting pot of three legal systems in the world: The Philippine legal system bears significant influences of three major legal systems: the Roman system. the lack of legal aid for poor litigants. and the various factors impinging on the decision-making processes in the Supreme Court as well as the Judicial and Bar Council.19 The Shari‘a justice system has its share of unique challenges.17 In terms of resources at its disposal. this way: 31 . Under the Rules of Court. the Philippine Judiciary does not have much compared to the other agencies of the executive branch—in 2008.000. the load of the courts is still overwhelming.00 that represents 0. the lower courts must decide a case in 90 days after submission for decision.Democratic Deficits in the Philippines: What is to be Done? Justice of the Supreme Court.) Marites Danguilan Vitug summarizes statistics on the Philippine judiciary. The vacancies in the judiciary. which in turn was shaped by Roman law. While there have been some improvements in the disposition of cases.

at all times it must be truly independent.  As of December 2007. It declares that the administration of justice must be geared to achieve the goal of delivering fair. the document ―envisions a judiciary that is independent. ethical.998) lodged in the regional trial courts.  As of August 2009. with most (356. Jr. the development of the Philippine judiciary has not kept abreast of the growth of the Philippine population.000 persons.  There are 2. and maintain public confidence. this fell slightly to 6. 32 . and the seeds of such reform were contained in document entitled.000 cases. impartial and swift justice. Hence. All these show that there is no match between the number of judges and Justices and the pending cases.770. was . as wells as of the more complex and increasing number of human activities that result in legal cases. effective and efficient and worthy of public trust and confidence and a legal profession that provides quality. there were 642.81% or less than 1% of the whole pie. and the pursuit of excellence should be preserved and at all times be predominant.88%. It was highest in the Shari‘a district and circuit courts.  The total number of judges and Justices as of 2008 was 1.‖21 Davide further explained: I have always maintained that the judiciary is the protector of the rights and freedoms of the people.455 in December 2008. we note that concrete steps are being taken to address this challenge.693.Democratic Deficits in the Philippines: What is to be Done? The statistics are dire:  The judiciary‘s share of the total budget. Thus the courts are inundated with work and backlogs are overwhelming. The figures would translate to something roughly like this: every judge wrestles with more or less 30.213 cases pending in the courts (except the Supreme Court). Considering the many challenges to the Philippine Judiciary. in 2008. and the guardian of the Rule of Law. judicial independence.7 judges for every 100.286 cases (excluding the Supreme Court) as of 2007.  The backlogs were tremendous: 695. Davide. pending cases before the Supreme Court numbered 6. followed by municipal circuit trial courts and metropolitan trial courts. the last bulwark of democracy. reforms were initiated and vigorously pursued under the leadership of then Chief Justice Hilario G.  The vacancy rate of judges and Justices in the first and second-level courts as of April 2009 was 23. equal justice.” According to Davide. ―The Davide Watch: Leading The Philippine Judiciary and the Legal Profession Towards the Third Millennium. But. accessible and cost-effective legal service to the people and is willing and able to answer the call to public service. discharge its duties effectively and efficiently. the core values of the rule of law. Hence. Pursuit of excellence demands that judges and court personnel are not only qualified.20 Overall.

as well as assistance from private donor organizations like The Asia Foundation. (5) Access to Justice by the Poor component. (6) Reform Support Systems component. the World Bank (WB). in its more than 100 years of its existence. I initiated an unprecedented summit. I thought that the Supreme Court. Writ of Continuing Mandamus and landmark decisions on landmark decisions on the Ancestral Domain Agreement on the Bangsamoro Juridical Entity and the clean-up of Manila Bay by the government (discussed in the section on Environment. Canada. and the United States.Democratic Deficits in the Philippines: What is to be Done? competent. with all its expanded powers. Writ of Habeas Data. Japan.23 During the tenure of Chief Justice Reynato Puno from 2006 to 2010. the High Court had not taken this step forward. Justice Panganiban notes that the APJR ―has become a model for developing countries‖ and ―has earned the support of all major multilateral developmental institutions: …like the United Nations Development Program (UNDP). Thus. the European Union (EU) and the Asian Development Bank (ADB). could not remain passive vis-à-vis these continuing assaults on the human rights of our people. they must perform their duties with passion and dedication to fulfill the public trust character of their office. in which we called on all the significant stakeholders of the justice system to find solutions to the embarrassing extrajudicial killings and enforced disappearances. the American Bar Association-Asia Law Initiative. 33 . the Netherlands. chapter on Social and Economic Systems): As Chief Justice. in 2007. The APJR has had some measure of success which may be attributed to the substantial support it has received from various countries and international aid agencies. funding grants from national aid agencies of several countries including Australia. The APJR is composed of six major components. chapter on Social and Economic Systems). I do not know of any other country in the world that has enjoyed similar global assistance for the modernization of its judicial system. consisting of the Writ of Amparo. and men of honesty and integrity. Great Britain.22 Justice Davide initiated what has been dubbed as the most comprehensive reform package for the Philippine Judiciary—the Action Program for Judicial Reform (APJR). (4) Institutional Integrity Development component. namely: (1) Judicial Systems and Procedures component. (2) Institutions Development component. I underscore unprecedented because. It as essentially been continued by the succeeding Chief Justices Artemio Panganiban and Reynato Puno. (3) Human Resource Development component. the Supreme Court has promulgated several writs in support of the rule of law. Writ of Kalikasan (discussed in the section on Environment. and the Rule of Law Effectiveness (or ROLE).

Statistics show that today our people make use of the Writ of Amparo more than the Writ of Habeas Corpus. some 4. The success of these two writs cannot be gainsaid. a ponencia of Madam Justice Conchita Carpio Morales. the shroud of mystery that veils its processes will be no more. we have launched the Small Claims Courts nationwide.24 What is to be done? Ongoing reform efforts in the Philippine justice system must be holistic and comprehensive if we would like the entire justice system to perform in concert. …I am glad that after more than one hundred years of its existence. Spurred by their success. The summit gave birth to the Writ of Amparo and the Writ of Habeas Data. Hopefully. informal. From its experimental launch in October 2008. It should involve the entire justice sector. Without that Decision. There are common threads of justice reform in previous studies that we recommend that the government should consider as it undertakes such a herculean task (See also Annex E for Asian Development Bank and World Bank Perspectives on Justice Reform): Justice reform should be participatory.Democratic Deficits in the Philippines: What is to be Done? The call raised eyebrows. if only because they will lend greater transparency to the inner workings of the High Court. which some suspected would just be another idle talkfest. in which the amount in question is not more than P100. These Internal Rules are important. …to help the poor who are involved in petty civil cases. the Supreme Court was able to promulgate its Internal Rules before the end of my term. But I am glad that my colleagues in the High Court supported the summit. the Supreme Court launched the Small Claims Courts with special rules to govern them. by an unlawful act or omission of a public official or employee or of a private individual or entity.000 cases have been resolved by these Small Claims Courts. and no more will be the public misunderstandings of its procedure. inexpensive and fast.000. …our Decision annulling the controversial Memorandum of Agreement – Ancestral Domain Agreement between the Republic and the Moro Islamic Liberation Front. and gave rise to a lot of question marks. including agencies in the executive and legislative branches of government. liberty or security is violated. and even the larger society. If they continue to succeed — and there is no reason they will not — these Small Claims Courts could completely unclog the dockets in our first and second Level Courts in two or three years time. or threatened with violation. international aid agencies and the international community. 34 . knitted foreheads. The rules governing these claims are simple. the Philippines would have been dismembered. These two remedial writs have given a substantial shield to our people whose right to life.

crimes. We advance and support the following recommendations covering the various aspects of reform in the justice sector. to abolish the crimes of prostitution. NBI and other police agencies which will store data on crime offenders. vagrancy.25 Need for rationalized and coordinated law enforcement We support the recommendation of CPRM Consultants. simple disobedience to an agent or a person of authority. Justice reform requires inspired leadership by the Chief Justice in order to follow-through the various reform measures in the long-term. Inc. resource generation and management. The 35 . If the Code is amended. unjust vexation. The integrated system will have the following system components: a) Crime management information system of PNP. sustainability and flexibility. including the so-called five pillars of the justice system. premature marriages. This can be carried out in the medium-term: A deeper study to decriminalize and de-penalize certain offenses where there is no specific offended party is necessary to improve the adjudication process.Democratic Deficits in the Philippines: What is to be Done? Justice reform should cover the various aspects of governance—a consistent legal framework. for instance. competitive compensation for human resources. failure to render assistance of or assume public office. and other crime indicators.26 We support the recommendation to design and adopt an integrated criminal justice information system which may be carried out in the medium-term: The design and installation of an integrated criminal justice information system that will link crime and case information across the pillars is recommended. Justice reform should always take cognizance of access to justice by the poor whose only recourse is the government. causing alarms and scandals. a disciplinary regime. many crimes against property would no longer be brought before the regional trial courts as they would already be resolved at the level of metropolitan and municipal trial courts. The amendment of Batas Pambansa Blg. 22 (Bouncing Checks Law) must likewise be studied. The codification of criminal law is also proposed. and traffic violations. Legislation is also needed. to decriminalize certain offenses under the Revised Penal Code and special laws and codification of criminal law. and so is the adjustment in the threshold amounts with regard to crimes against property under the Revised Penal Code.

e) Criminal justice information sharing system which will allow exchange of information across the pillars within the bounds of disclosure policies. b) Prosecution system which will contain a case management information system that will support the management of specific cases and overall caseload. The outsourcing of scientific analysis of evidence should be considered to improve efficiency and strengthen independence of the process. status and activities and other relevant information. eyewitness identification procedures. interrogation procedures. and rules on evidence. including among others specific improvements on investigation procedures. case documentation and 36 . The development of crime classification and crime indicators will be necessary in establishing the criminal justice information system.Democratic Deficits in the Philippines: What is to be Done? system will also support police operations by allowing information sharing to facilitate tracking of suspects and cases. interrogation and field investigation. d) Establishing mechanisms to ensure that prosecutors get all the evidence. arrest. b) Modernizing the crime laboratory.27 We support the recommendation to adopt a holistic approach to the improvement of the crime investigation system of the police which may be implemented in the medium-term: Improving the overall capacities of the police for crime investigation will require a holistic approach that will involve the following: a) Improving and integrating police manuals into one manual for police operations. improving its capacity for scientific analysis of crime case evidence. f) Strengthening the curricula and teaching technologies in PPSC on crime scene investigation. c) Strengthening the independence of crime investigations and the analysis of evidence and providing institutional mechanisms for insulating these. and crime analysis. crime mapping. c) Court case management system which will provide information and management support required in the management of caseload and case management by judges and clerks of courts. d) Jail management information system which will provide information and management tools in tracking prisoners. their conditions. e) Improving case documentation procedures and skills in police report preparation.

Democratic Deficits in the Philippines: What is to be Done? reporting. thus removing duplicative overhead expenditures and conflicting jurisdictions. proliferation and fragmentation of law enforcement functions. Mastery of the police manual should be a precondition for completion of the training and education program. j) Focusing policemen on just doing police work and not deploying them as body guards of important people. b) Reintegrating specialized crime agencies into the regular police force. improve overall coherence and efficiency. i) Developing peer to peer and office dialogue mechanisms for regular and collective analyses of crime cases and for information and experience sharing. k) Piloting these and other institutional reforms at the police station level and creating pilot model police stations28. together with the operationalization of reforms in judicial 37 .29 Need to strengthen the prosecution agencies We support the recommendation to establish the independence of crime investigation and prosecution agencies together with a meaningful operationalization of judicial autonomy which may be done in the long-term: Consider establishing an independent National Prosecution Service. and clarify accountability. a system-wide rationalization of police institutions should be undertaken through the following measures: a) Removing duplication of functions and jurisdictions between the National Bureau of Investigation (NBI) and the Philippine National Police (PNP). We support the recommendation to remove duplication. c) Reintegrating police powers and functions now assigned to more than 30 national government agencies to a reorganized PNP/NBI. h) Improving the resources and facilities of court stations and their services to vulnerable groups. reintegrate police functions. and remove institutionalized politicization of the police which can all be done in the long-term because of the high degree of difficulty of this endeavor: In order to conserve severely limited budget resources. overlapping. and PNP/NBI. g) Improving the remuneration of the police force as a way of strengthening their insulation from undue politicization and corruption. and witnessing in courts. and d) Defining the role of local governments in policing.

This can be carried out in the short-term. appoint and promote and discipline the police force without prejudice to an appropriate civilian review system. removing LGU authority over the internal administration of the police force. reintegrating authority to the PNP Chief to recruit. This may be implemented in the medium-term: Within severely limited budgetary resources. rules and regulations of the government. the government must improve the efficiency of expenditures for public defense by adopting among others good 38 . improve access and efficiency. we are hopeful that concrete steps can be taken. We also support the recommendation to strengthen the capacities of prosecution agencies—National Prosecution Service (NPS) and the Office of the Ombudsman: The government must strengthen the core capacities of prosecution agencies simply by providing more prosecutors to the National Prosecution Service (NPS) and the Office of the Ombudsman (OMB). Caseload fluctuations can be addressed by adopting some flexible prosecutor deployment and tenure mechanisms which may include outsourcing prosecutors and providing legal research staff to prosecutors.30 With the enactment of the Act Strengthening and Rationalizing the National Prosecution Service in April 2010. organization and staffing. putting in place mechanisms for the objective determination and automatic remittance of LGU support to the courts.Democratic Deficits in the Philippines: What is to be Done? independence. The criteria for the determination of the appropriate number of prosecutors should be established based on caseload. and assumption by the Judiciary of the authority to determine the details of its budget. through deployment of law students as practicum. This will include addressing the following issues: removing negotiable and highly discretionary support from LGUs. The implementation of judicial independence reforms include the adoption of a one-line item budget which should be automatically and fully released by removing transactional requirements. for example. These will require legislation and long-term development of institutional capacities as well as considerable political will. Need to reengineer the public defense system We support the recommendation to undertake detailed review and reengineering of the entire public defense system to improve its capacity to provide services. and removing NPS as an organic structure of the DOJ and establishing it as an independent agency. and strengthen its independence. The parameters for the independence of the prosecution and police must be defined while operating within the reasonable bounds of existing administrative and financial management laws.

This may be done in the short-term: 39 . IBP and alternative law groups to improve geographical access of public defense services particularly in remote areas. allowing it to mobilize private sector resources. Such devolution program will involve: a) Transferring to provinces. the courts. This may be implemented in the long-term: The preparation of a devolution plan for the correction system and the rationalization of its institutional framework within a devolution context are recommended. law students and law practitioners to render free legal assistance to the poor and remote barangays. b) Streamlining the oversight agencies of national government by removing their delivery functions and strengthening their role in providing and enforcing standards. b) Refocusing the role of PAO from directly providing legal services to mobilizing and managing the country‘s resources for public defense. requiring all law firms. c) Providing mechanisms for private sector participation in restorative justice and providing half way houses particularly for women and youth offenders. and f) Strengthening partnership mechanisms among the PAO..32 We also support the recommendation to amend the Probation Law to expand its coverage. providing and enforcing service standards and providing technical assistance). A detailed review and reengineering of the social defense system is needed considering the following: a) Integrating all legal services of the national government into the Public Attorney‘s Office (PAO). d) Assigning public defense functions to LGUs (starting with high income LGUs) with PAO performing oversight roles and functions (e.g. cities and municipalities the responsibility for the provision and maintenance of local jails. e) Enacting a law. c) Establishing PAO as an independent agency with some corporate powers. devolve delivery while maintaining strong oversight.31 Need to reengineer the corrections system We support the recommendation to reengineer the institutional framework of the corrections pillar.Democratic Deficits in the Philippines: What is to be Done? governance framework and practices.

IBP and alternative law organizations be formed immediately to coordinate the various legal aid providers in the country. if more offenders could benefit from probation.33 Need to educate communities We support the recommendation to popularize the law towards better community capacity to demand justice remedies and improve community contribution in providing justice remedies. and the Commission on Human 40 . the Philippine Overseas Employment Agency which provides legal aid to overseas Filipino workers. building on the gains of the CHR‘s teaching exemplars on human rights. they could be persuaded to enter a guilty plea with the prospect of being put under probation instead of being imprisoned. including the following: a. Moreover. Government agencies that provide legal aid to beneficiaries of a government program such as the Department of Agrarian Reform which has a special unit that helps farmers in land reform cases. national government agencies. b) Integrating law popularization procedures in the legal assistance services of the government and private sector and in the Barangay Justice System. as well as the provincial and subprovincial jails which manage their respective jail facilities. This will ease the severely congested penal facilities in the country and thereby contribute to the efficiency of the Bureau of Corrections in processing papers of inmates and its effectiveness in providing restorative justice programs. These may be carried out in the medium-term: The general public who are familiar with the law may be better able to support and be more cooperative with the police in solving crimes. They will have stronger capacities to demand the provision of justice remedies thus strengthening the accountability of criminal justice institutions. This would also not only prevent but minimize appeals. Aside from the strategy of tapping the media to popularize the law. limited resources can be used to improve prison conditions and put in place mechanisms for restorative justice in local jails in partnership with LGUs. This will also lessen the caseload of the Bureau of Jail and Management and Penology. With decongested local jails.34 Need to provide greater access to justice by the poor and disadvantaged We recommend that a joint committee of the Supreme Court. other related measures include: a) Integrating criminal justice teaching exemplars or subjects into the formal education system. the executive branch. resulting in more criminal cases speedily disposed by the courts.Democratic Deficits in the Philippines: What is to be Done? The coverage of the Probation Law could be expanded to include sentences of prision mayor medium. except in drug cases. civil society organizations and the communities.

prisoners. Alternative law organizations which are non-government organizations that provide legal assistance. human rights. research and advocacy for the defense and empowerment of disadvantaged sectors such as the urban poor. and sector issues. The coverage of ADR may also be expanded to include other types of cases that have not yet been included that do not involve physical violence. workers. This can be implemented in the short-term. peasants. The IBP receives funding from the judiciary and each IBP chapter has a legal aid office for indigent litigants. The Integrated Bar of the Philippines (IBP) which is composed of about 40.37 41 . We support the improvement and expansion of Court Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) as components of Alternative Dispute Resolution (ADR) mechanisms being pursued by the Supreme Court in the lower courts which are effective in decongesting court dockets and assisting poor litigants in resolving their cases. Law schools that provide legal assistance to poor litigants such as the University of the Philippines College of Law which maintains the Office of Legal Aid catering to indigent clients. These organizations address issues that are of public interest affecting communities or groups such as environment issues.) We support the recommendation of the ADB to provide a regular training for the members of the Lupong Tagapamayapa or peace council and strengthen the coordination between the Department of Interior and Local Government and the Department of Justice in order to enhance the Barangay Justice System. indigenous peoples.000 lawyers and has chapters in various parts of the country. While the elected barangay officials who serve as its members may be trained but the turnover on every election affects continuity. (See Annex F for complete text of the Free Legal Assistance Act of 2010. women and children. Article XIII. Senior students of the College of Law dispense legal advice. and represent litigants in legal proceedings.Democratic Deficits in the Philippines: What is to be Done? Rights mandated by the Constitution of the Republic of the Philippines to extend legal assistance to the underprivileged whose rights have been violated or need protection (Section 18. c.35 With the enactment of the Free Legal Assistance Act in 2010. d. and victims of human rights violations. Some alternative law organizations have internship programs for law student volunteers. 1987 Constitution).36 The possibility of including respected members or elders from the community in the peace council should be studied. we hope that lawyers will indeed be encouraged to provide pro bono services to poor clients. draft legal documents. b.

2004 to November 11. Within the same period. then Associate Justice Adolfo S. There is therefore a need to provide clear parameters on how these may be integrated and made compatible with the current legal system of government. This strategy was intended to help decongest the various youth reception and detention centers within the Metro Manila area. This was also aimed at decongesting the heavy caseloads of the designated Family Courts in Metro Manila. While the justice system among the indigenous peoples varies in approaches and methodologies.Democratic Deficits in the Philippines: What is to be Done? We support the recommendation to assess possibilities for mainstreaming customary modes of adjudication in the criminal justice system which may be carried out in the mediumterm: The Indigenous Peoples‘ Rights Act (RA 8371) gives due recognition to the indigenous peoples‘ justice system and the use of their own traditional methodologies and practices for conflict resolution. we re-launched the Enhanced Justice on Wheels Program. More importantly. These traditional forms of justice should be reconciled with the national legal systems and internationally recognized human rights processes and with the penal code. in fair or foul weather. juvenile detention facilities and jails in eight municipalities and cities in Metro Manila. the Justice on Wheels was able to hear a total of 1. to expedite the trial of criminal cases in 42 . These are mobile courts that go to the different jails in our country. In the initial implementation of the program. the Mobile Court prioritized the hearing of cases of those who have been in detention for more than the maximum penalty for their particular cases. 2005. the Justice on Wheels was able to visit several youth reception centers. …in its 66 days of operation within the period December 20.38 We support the expansion of the ―Justice on Wheels‖ program of the Supreme Court which aims to ―address the problem of jail congestion through the disposition of cases involving inmates. including minors‖39 which may be carried out in the long-term. the Mobile Court was initially assigned to hear cases involving juveniles in conflict with the law.126 cases and secure the release of 391 detainees. which were holding up to five times their designed capacities. Azcuna noted that: As part of the pilot implementation of the Justice on Wheels Project.40 The program has achieved the following as reported by Chief Justice Reynato Puno in his retirement speech: …to help the poor involved in criminal cases. common to these traditional practices is the participation of the community members in settling disputes. or around 35 per cent of the total number of cases heard. or who wanted to be diverted or released on recognizance. The main purpose was to hear cases involving juveniles who wanted to plead guilty.

056 detainees. family courts. without any increase in its human and financial resources since 1996. No sufficient and lawful justification can be made for the 43 . the successful mediation of some 5..‖45 We support calls to implement the constitutional mandate for fiscal autonomy of the Philippine judiciary immediately: The implementation of the constitutional mandate for judicial fiscal autonomy must also be pursued.42 In such as context. the institutional capacity of the PhilJA remains a foremost concern in sustaining current efforts at judicial education because it taken on several assignments in addition to its mandated function.006 of their cases.545 inmates.43 To further shield the JBC from political manipulation. the giving of free medical and dental assistance to 9. and the delivery of free lectures to some 15. Congress will have two.270 of them. This may be carried out in the long-term. the giving of free legal aid to 2. two differing proposals are worth considering and studying.Democratic Deficits in the Philippines: What is to be Done? which the accused are too poor to post bail for their liberty. However. Need for judicial independence and fiscal autonomy We support recommendations to shield the Judicial and Bar Council from political manipulation which may be implemented in the medium-term. perform the role of the Commission on Appointments such that ―Members of the confirming body would not be the privilege of a few but the prerogative of all senators…Giving the power to the Senate could assuage the discontent of many with the performance of the JBC. This enhanced Justice on Wheels has resulted in the following: the release of 3.e.‖44 On the other hand. former Chief Justice Artemio Panganiban suggested that the JBC members should be evenly appointed by the various government institutions—―the Supreme Court should appoint the three regular members while the President will appoint the private sector representative. a civil society watchdog. judicial competence can only be ensured through continuing judicial education main performed by the Philippine Judicial Academy (PhilJA). intellectual property courts. and others).000 barangay officials and indigenous people on laws affecting them…41 Need for sustained judicial competence There is a need to rationalize the designation of certain courts as specialized tribunals because numerous courts have already been designated as such (i. and the Supreme Court. We support the proposal of the Supreme Court Appointments Watch (SCAW). four. to have single terms for regular members of the Judicial and Bar Council (JBC) in order to reduce political manipulation. Thus the President will have two representatives. Constitutional expert and Jesuit priest Joaquin Bernas proposed that the Senate. as commercial courts. as a whole. On one hand.

46 Need for judicial transparency and accountability There are several recommendations addressing judicial transparency and accountability that may be implemented immediately. the liberal issuance by the courts of temporary restraining orders and other injunctive relief measures drew the most attention.49 Need to evaluate the power of judicial review We support the recommendation of the ADB to conduct a comprehensive study of the implications of the power of judicial review.50 Recent judicial decisions and actions have also been widely criticized for creating a climate of unpredictability and uncertainty in the policy environment and commercial transactions. without having to worry about repercussions. especially economic laws. Reporting mechanisms and processes may be designed to encourage lawyers and litigants to report erring judges and justices.Democratic Deficits in the Philippines: What is to be Done? president‘s insistence on retaining control over the Judiciary‘s fiscal affairs and budgetary resources. This may be done in the short-term: There is need for a comprehensive study of the implications of the power of judicial review on the ability of the Government to pursue national development goals in the context of recent Supreme Court rulings affecting national economic policies. the policy formulation capability of Congress must be strengthened and the ability of the Government to defend its economic agenda must be enhanced. has shown some lessons to be learned about accounting and record-keeping systems that should be put in place in order to pass scrutiny by external entities. At the same time. which put the legislature and the judiciary on a collision course. This may include appropriate training for legislative staff members of Congress in drafting economic legislation and upgrading the capability of the Office of the Solicitor General in defending major policies and programs of the Government. while at the same time filtering complaints intended only to harass judges and justices. For the president to persist in doing so is tantamount to usurping a power constitutionally vested in the Judiciary. The Supreme Court has been active in disciplining judges but many cases of bribery and other illegal activities still go unreported because of fears of possible retribution. improved performance and sustainability of programs.48 Judicial reform projects should be conducted through a participatory approach. Among the benefits of having a more participative approach are the early buy-in of stakeholders. Allowing anonymous complaints to encourage victims of judicial corruption must be considered.47 The crisis that besieged the Supreme Court in 2002 to 2003 in relation to the Judicial Development Fund. Among these. and enhanced capacity and skills of stakeholders. While intended to minimize the possible adverse effects of one party‘s 44 .

both local and foreign. which will eventually be helpful in the trial stage. This may be undertaken immediately by the judiciary: The review and amendment of the Rules of Court is necessary to further speed up. The review should consider the following improvements: 45 . It is also recommended that extensive practical training on procedures and case management tools within the context of continuous trials and the use of pre-trial be conducted by the Philippine Judicial Academy (PHILJA) together with an accompanying video presentation that should be produced as a teaching tool. the pre-trial conference is used to consider plea bargaining.53 We support the recommendation to review and improve the rules of court.Democratic Deficits in the Philippines: What is to be Done? action on another‘s pending resolution of the legal controversy between them. In criminal cases. Even government projects and programs are not spared from the pernicious effects of unrestrained issuance of temporary restraining orders. 8975) in 2000 that explicitly prohibits trial courts from issuing these orders against national government projects. if not altogether avert the need for trial through alternative modes of settlement that may be reached by the parties during the pre-trial period. despite the passage of a law (Republic Act No. waiver of objections to admissibility of evidence. the abuse in the issuance thereof has destroyed the reliability of contracts and predictability in the enforcement of obligations. A pre-trial conference which is efficiently and effectively administered by the judge should yield to a shorter trial period. marking for identification of evidence of the parties.51 Projects were delayed or altogether scrapped because of injunctive writs issued by trial courts. stipulation of facts. and such matters that will promote fair and expeditious trial of the criminal and civil aspects of the case. The pre-trial conference provides for extensive use of discovery modes. simplify and render more inexpensive the disposition of cases. It is recommended that the Supreme Court adopt mechanisms for the monitoring of the implementation of pre-trial and the imposition of sanctions for noncompliance. This has discouraged many investors.52 Need to act on undue delays and large backlogs in the handling of cases This can be addressed in the short-term by adopting mechanisms for enforcing strict compliance to mandatory continuous trial and pre-trial: This will require that a case management support tool be provided to judges in lower courts in order to manage their caseloads and the programming of trial hearings on the basis of continuous trials. from partnering with the Government in development projects.

there are eight grounds for motion to quash – Section 3. prohibiting postponements. using of affidavits in lieu of direct testimony of witnesses. i) Amending Section 5(b). l) Relaxing the Constitutional requirements for a judge to repeat all facts of a case in a decision. orders and notices. d) Deputizing barangay officials to act as process servers because the cause of delay in preliminary investigation is the lack of adequate process servers. electronic case filing. to shorten the time necessary to pen decisions. m) Shortening the filing period for several pleadings and abbreviating court processes by reducing direct testimonies. 46 . g) Authorizing law enforcement agents to file cases directly with the Metropolitan Trial Courts and/or Municipal Trial Courts in chartered cities. h) Reducing the grounds for motion to quash (presently. f) Adopting teleconferencing as substitute to personal appearances of accused and witnesses. inasmuch as it is very seldom that the peace officer is present during the commission of the crime which is the only instance when he could be considered to have personal knowledge thereof. e) Implementing electronic payment of legal fees. on warrantless arrest. Rule 113. j) Finding probable cause by the prosecutors to be binding on the courts for purposes of proceeding with trial. Rules of Criminal Procedure). b) Returning to decisions by the Supreme Court en banc in order to avoid conflicting decisions on same issue.Democratic Deficits in the Philippines: What is to be Done? a) Limiting the period within which Judges of Municipal Trial Courts have to terminate the preliminary investigation of criminal cases. k) Carving out more exemptions from the filing of bonds. Rule 117. so that warrant of arrest may be issued immediately for the detention of prime suspects of heinous crimes. and submitting draft orders and resolutions. and electronic delivery of summons. c) Setting of fixed amounts of time for the presentation of evidence and cross examinations. which requires personal knowledge of facts on the part of the peace officers or private persons that the person to be arrested has committed the offense.

Democratic Deficits in the Philippines: What is to be Done? n) Looking into the problems of language in court proceedings by studying the use of local dialects instead of English. case congestion and delay. This may be undertaken immediately: Prior studies provide recommendations on improving court jurisdictional structures in specific areas based on assessments of specific issues in these areas. Relatedly. identifying appropriate criteria to be used in the determination of time standards for specific types of cases. o) Reviewing the time standards provided in the rules of court and speedy trial act. and establishing time standards for case types. a mandatory court-annexed mediation is being implemented in the lower courts and in the Court of Appeals. during pre-trial. and overall coherence of the court system has moreover been recommended. and p) Reviewing procedures for the litigation process for specific types of cases. barangay justice system and the court-annexed mediation system. the strengthening of the Barangay Justice System and full implementation of the court-annexed mediation system must be undertaken as necessary measures for case decongestion and early dispute resolution. 47 . An assessment of the effects of the current court jurisdictional structure on geographical access. In view of this similarity of purpose and objective. This may be done in the short-term: Judges argue that cases that have passed through the Barangay Justice System do not require pre-trial. Similarly.54 We support the recommendation to review the jurisdictional structure of the courts. These recommendations also include: (1) Reassigning jurisdiction on Sandiganbayan to the lower courts less complex corruption cases from (2) Reorganizing the distribution of case assignments in the Sandiganbayan by allowing individual justices to handle specific cases and selectively assigning cases to divisions and to the En Banc55 We support the recommendation to remove duplication and overlap and clearly define the operational delineation among pre-trial system. although the experience of the pilot court annexed mediation units indicated that while case settlement rates are high. an attempt to arrive at an amicable settlement could be made. judge capacity. there is a need to study these discrete systems and clearly define their jurisdictions and operational delineation so that they can meaningfully contribute to case decongestion and delay reduction. Within the context of established jurisdictional delineations and operational processes. referral rates of cases by judges are very low.

feasibility studies on integration and codification. Inc. on legal services. equal protection and gender equality. awareness.56 We support the proposal to promote the use of Alternative Dispute Resolution mechanisms in various agencies in the justice sector. rationalization of ADR procedures. other sociological studies and comparative studies) (2) Design and implementation of public awareness and education program (on the Islamic justice.57 Need to address challenges in the Shari‟a Courts An effective Shari‘a justice system is one that has the trust and confidence of the Muslim Filipinos. Intellectual Property Office. and one that they will use as the only forum for resolving justiciable conflicts.58  Need to create an environment based on the rule of law This will involve a set of coordinated initiatives towards creating a societal environment that is based on a unified rule of law and will include the following: (1) Baseline Surveys (demography. including public assistance/referral programs and networks (3) Strengthening of the Shari‘a Legal Framework (comprehensive studies on customary laws. Assistance that may be provided includes training of mediators and arbitrators. and others— mean less cases that will be brought to the courts on appeal or petition for review. preparation of an integrated Muslim Code. culture. The following proposed reforms contained in a study by CPRM Consultants. etc). other studies on improving jurisprudence) 48 . rather than one that is driven by diverse customs and traditions. entitled ―Institutional Strengthening of the Shari‘a Justice System‖ are should be undertaken in the long-term based on the guiding principles of rule of law. Reform should be driven by rule of law that is based on a unified set of laws. National Labor Relations Commission. integration. and implantation of campaigns to make ADR the preferred mode of dispute resolution among litigants. More cases that are settled at the level of these agencies—such as the Department of Agrarian Reform Adjudication Board. and can address the overarching goal of facilitating the realization of peace and development in Mindanao. customary laws and dispute resolution practices. and human rights. on women‘s rights. This may be implemented within the shortterm: …the use of ADR systems by government agencies legally tasked to do so should be enhanced and maximized. on access to and procedures of the Shari‘a courts.Democratic Deficits in the Philippines: What is to be Done? Mechanisms at the barangay level must be installed in order to protect poor and vulnerable parties from the abuse of more politically and economically powerful opponents to the case.

(2) One added qualification that is needed for a Muslim lawyer or a lawyer admitted to the Bar to be appointed to a judgeship is to be learned in Islamic law and jurisprudence. The local government units should also be informed regarding the Shari‘a court procedures vis-à-vis the BJS. The Supreme Court should look into this issue and define the term ―learned in Islamic law and jurisprudence. One is to delineate functions.Democratic Deficits in the Philippines: What is to be Done? (4) There is a need to resolve the duplication of functions between the Barangay Justice System and the Agama Arbitration Council which adds to the confusion and inefficiency of the Shari‘a justice system There are two options in addressing this issue. Only one must exist. Delineation would only maintain user confusion. Either maximize the use of the Barangay Justice System in Muslim areas or adopt the Agama Arbitration Council (AAC) in case of conflict with that of the Barangay Justice System. The Supreme Court must specify what cases are to be brought before the BJS and the AAC.59  Strengthening of the Shari‘a legal education system This will involve an overall strengthening of the Shari‘a Legal Education System both academic and continuing education and will include the following: (1) Establishment of an Islamic Justice Institute to serve as research and academic institution for the formal education leading to law degrees in Islamic justice. judges and court personnel (4) Institution of Bar Reforms on Shari‘a We also support the following recommendations related to the qualification and training of Shari‘a lawyers and judges:60 (1) It is recommended that there should be a policy for those who are allowed to take the special bar examinations should at least be a degree holder in law whether English or Islamic. The institute should be funded by the national government. But the other is to simply remove the duplication and streamline the system.‖ Moreover. The opportunities to get such a degree are limited by their duties in court as well as the availability of such a course offering here and abroad. qualifications of all Shari‘a judges should be clearly defined. 49 . (2) Establishment of cross-country scholarship programs for Shari‘a lawyers and judges (3) Strengthening of the PhilJA training program for Shari‘a lawyers.

Democratic Deficits in the Philippines: What is to be Done? (3) While lack of qualified Shari‘a lawyers is pervasive. (7) Also gender bias in appointments should be addressed by policy. Initially. There are qualified women applicants to the position and the JBC should at least nominate them to the President for appointment. Appointments to the Shari‘a District and Circuit Courts have been mainly given to male judges. Since there is a lack of Shari‘a lawyers in areas where there are Shari‘a courts.  Streamlining of the institutional framework for Shari‘a justice This will involve improvements in the jurisdictional scope and structure of the Shari‘a court system and its rules and will include the following: (1) Review of the jurisdiction of Shari‘a circuit and district courts (2) Improving the rules of court of Shari‘a courts  Strengthening of the Shari‘a justice system‘s capacity and integrity This will involve strengthening the organizational capacity and integrity of the Shari‘a courts and will include the following: 50 . (5) There must be continuous training by PHILJA to Shari‘a judges and court personnel.N. The Philippine Judicial Academy should provide adequate legal materials for them. (4) A person who passed the Shari‘a Special Bar Examinations should also be civil service eligible just like lawyers who passed the bar examinations. Intensive training on computer operations must also be made. (6) The issue of limited opportunity for judges to be promoted should be looked at since career progression is mainly vertical. A legislation to amend RA 1080 is recommended. The continuing judicial education of Shari‘a judges is plagued with the problem of dearth in legal materials in Islamic law and jurisprudence. Convention on the Elimination on All Forms of Discrimination Against Women. the Philippine Judicial Academy should provide adequate and appropriate training for Shari‘a lawyers. This is in accordance with the fundamental equality before the law principle of the Constitution as well as fulfilling our international commitment with the U. intensive training in English must be given. a compilation of Supreme Court decisions specially for Shari‘a cases and distribute it to all Shari‘a courts. Shari‘a judges would rather be transferred to RTC courts and Shari‘a circuit court judges cannot be promoted to Shari‘a district courts because they have to be members of the Philippine Bar. Likewise. the Philippine Shari‘a Institute would be reactivated to provide training on Islamic law and jurisprudence.

and implementation of reforms.61 It is also an opportune time to immediately assess and evaluate the Medium-Term Development Plan for the Criminal Justice System (2007-2010) released in December 2006 as the tool to synchronize justice system reform efforts among the various pillars of the justice system.62 We support the recommendations of the ADB on justice system support improvements consisting of the following which may be carried out in the long-term: Improving institutional capability requires supporting improvements to the justice sector‘s information and case management systems and the procurement and maintenance of equipment. it improves the efficiency of all the concerned organizations and helps them 51 . Computerized systems need to reflect decisions already made on information that should be collected and shared. It is particularly important that justice sector agencies be able to communicate through compatible systems between headquarters and field offices and between organizations that need to work together. appropriate data standards. and facilities. and what business processes should be linked among institutions. The development of an information system for the justice sector will facilitate more effective information sharing. technology.Democratic Deficits in the Philippines: What is to be Done? (1) Development of Shari‘a Code of Ethics (2) Formulation of a career development program for Shari‘a judges (3) Improving case management capacities and operations (4) Structuring of Shari‘a legal fees and charges Need to carry out other measures for overall justice system reform We support the ADB recommendation on the review and codification of laws in the medium-term: A comprehensive evaluation and inventory of major laws that have been passed by Congress in the past decade to determine whether or not they are being implemented effectively can be pursued. There should be a follow-through of the implementation of the Court Management Information System (CMIS). management of work. Information systems are essential to provide timely and accurate assessments of performance regarding service to the public. Efficient case management not only helps track individual cases. Laws pertaining to a particular sphere of human activity or relations can be reviewed toward the repeal or amendment of outdated provisions and laws and their systematic codification to facilitate their efficient application by the courts in appropriate cases.

The system will provide a unique case identification mechanism. teleconferencing.63 case management has not been developed for other organizations. which also need to be addressed. These application systems will require substantial one-time public investments in installing the necessary infrastructure. delay and violation of statutory time limits. Inadequate storage facilities can result in evidence. and provide mechanism for detecting forum shopping. The system will likewise provide tools for judges to manage case prioritization and scheduling. and in implementing them. Inadequacies in facilities and equipment also impede efficient performance throughout the justice system.64 A similar recommendation was made by CPRM Consultants. Funding for these is available under a Judicial Reform Support Program Loan from the World Bank. While a pilot case management system has been launched for the courts and one is under study by NPS. It will provide functions for e-payment and e-issuance of court orders and notices. The decentralization of financial and administrative management in the courts. in designing the systems. However. as well as manage courtrooms utilization. files. The implementation of the case management information system must however be undertaken within the context of an integrated criminal justice information system. Many people working in the justice sector lack the most basic tools needed to perform efficiently. and other essential information being lost. Investment in information and case management systems is directly relevant here. and provide information which is useful in monitoring and evaluating institutional performance.Democratic Deficits in the Philippines: What is to be Done? rationalize their priorities and workload distribution. At the analytic level it will allow court administrators and justices to track the performance of judges. electronic issuance of summons. The adoption of transcription technology. A change management program is essential particularly since these will revolutionalize court processes and the way the courts communicate and relate to 52 . and detained parties whose stay in jail have exceeded the maximum penalty prescribed by law for their offenses. can help the judiciary address this situation. Agencies that lack computers and internet access will have obvious difficulties contributing to information and case management systems. to modernize case management technology and information system in the lower courts: Systems functional specifications and user requirements definition have been developed under a project on an enterprise-wide case management information system in the lower courts which was funded by the World Bank PHRD Grant. orders and notices has been planned. comparable and even more pressing needs exist in other justice sector institutions. and electronic casefiling. locate specific cases of interest. allow tracking of case location and status. approved in 2004 but not yet operational on a nationwide basis. Inc.

53 . b. The PMO be directed to consider possible assistance to Timor Leste on judicial reforms. The PMO66 to document the judicial reform projects like Justice on Wheels. and Moscow on ICT in the courts as requested by the members of the Forum. Australia. PIO. ADR. setting up of PMO. d. at The Westin Sydney. Code of Judicial Conduct. Sydney. h. MISO. The Court to require MISO to study the set up of the Technology of Registry of the Federal Court of Australia. 1 Martin Place. b. No. The PHILJA to explore with the judicial academies of other countries in the region the possibility of adopting common curricula. 2006. ELearning. e. The Court E-Library be required to set up links with the E-Libraries of the Supreme Courts of other countries. c. e. technology competency training. and the like for submission to the Forum for the Handbook on Judicial Reform on or before the end of July 2006. E-Library. as follows: a. Dissemination of best practices on court reform and management Promotion of regional and sub-regional exchanges Fostering comparative e-studies Promotion of the use of technology Long-term capacity building There is a need for follow-through in the medium-term of the recommendations made in the Asia Pacific Judicial Reform (APJR) Forum 1st Round Table Discussion (RTD) held on March 16 – 17. The Court may consider setting up a Video Conference Facility in the National Bureau of Penitentiary in taking the testimonies of convicts. Learning from the experience of the Federal Court of Australia. g. c. the Court may consider appointing a full time Building Administrator for each Hall of Justice or cluster of Halls of Justice. thematic training in specific work areas. d. f. and public information and advocacy would be essential components of the change management strategy. User training. The Court to require OCA to submit a report on the backlog of trial courts as discussed above for submission to the Forum on or before the end of May 2006. Thailand and China on justice on wheels.65 There is also a need to immediately follow-through on the objectives of the Judicial Reform Network in the 21st Century (JRN21): a.Democratic Deficits in the Philippines: What is to be Done? court users.

and amend the Probation Law to expand its coverage Popularize the laws of the land towards better community capacity to demand justice remedies and improve community contribution in providing justice remedies Provide greater access to justice by the poor and disadvantaged through the following: o Formation of a joint committee of the Supreme Court. overlapping.Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?”  The following principles should underlie overall justice reform: o Justice reform should be participatory involving the entire justice sector. competitive compensation for human resources. o Justice reform should cover the various aspects of governance—a consistent legal framework. improve access and efficiency. reintegrate police functions. Enhance rationalized and coordinated law enforcement o Decriminalize certain offenses under the Revised Penal Code and special laws and codify criminal law o Design and adopt an integrated criminal justice information system and develop crime classification and crime indicators o Adopt a holistic approach to the improvement of the crime investigation system of the police o Remove duplication. o Justice reform requires inspired leadership by the Chief Justice in order to followthrough the various reform measures in the long-term. and remove institutionalized politicization of the police Strengthen the prosecution agencies and reengineer the public defense system o Establish the independence of crime investigation and prosecution agencies together with a meaningful operationalization of judicial autonomy o Undertake detailed review and reengineering of the entire public defense system to improve its capacity to provide services. sustainability and flexibility. including agencies in the executive and legislative branches of government. proliferation and fragmentation of law enforcement functions. and strengthen its independence Reengineer the institutional framework of the corrections system. IBP and alternative law organizations to coordinate the various legal aid providers in the country      54 . devolve delivery while maintaining strong oversight. a disciplinary regime. resource generation and management. o Justice reform should always take cognizance of access to justice by the poor whose only recourse is the government. international aid agencies and the international community. and even the larger society. the executive branch.

improving the jurisdictional scope and structure of the Shari‘a court system and its rules.Democratic Deficits in the Philippines: What is to be Done? o Provide regular training for the members of the Lupong Tagapamayapa or peace council and strengthen the coordination between the Department of Interior and Local Government and the Department of Justice in order to enhance the Barangay Justice System with the possibility of including respected members or elders from the community in the peace council o Improve services of Court Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) as components of Alternative Dispute Resolution (ADR) mechanisms being pursued by the Supreme Court in the lower courts. developing a Shari‘a Code of Ethics. and structuring of Shari‘a legal fees and charges Carry out other measures for overall justice system reform: o Comprehensive review and codification of laws   55 . barangay justice system and the courtannexed mediation system. reviewing and improving the rules of court. reviewing the jurisdictional structure of the courts. promoting the use of Alternative Dispute Resolution mechanisms in various agencies in the justice sector Address the various challenges in the Shari‘a Courts by: creating a societal environment that is based on a unified rule of law. removing duplication and overlap and clearly defining the operational delineation among pre-trial system. including minors      Improve continuing judicial education to enhance judicial competence Study various options to enhance judicial independence and fiscal autonomy Design complaints mechanisms and enhance record-keeping systems for improved judicial transparency and accountability Conduct a comprehensive study of the implications of the power of judicial review Act on undue delays in the conduct of trials and large backlogs in the handling of cases by: adopting mechanisms for enforcing strict compliance to mandatory continuous trial and pre-trial. improving case management capacities and operations. strengthening the Shari‘a Legal Education System (both academic and continuing education). improving the system for ensuring the qualification and training of Shari‘a lawyers and judges. formulating a career development program for Shari‘a judges. coverage may be expanded to include other types of cases that have not yet been included that do not involve physical violence o Assess possibilities for mainstreaming customary modes of adjudication in the criminal justice system o Expand the ―Justice on Wheels‖ program of the Supreme Court to address the problem of jail congestion through the disposition of cases involving inmates.

Democratic Deficits in the Philippines: What is to be Done? o Assess and evaluate the Medium-Term Development Plan for the Criminal Justice System (2007-2010) o Follow-through of the implementation of the Court Management Information System (CMIS) o Follow-through on the objectives of the Judicial Reform Network in the 21st Century (JRN21) o Follow-through of the recommendations made in the Asia Pacific Judicial Reform (APJR) Forum 1st Round Table Discussion (RTD) held on March 16 – 17. While corruption occurs in government. Corruption This section shall focus on corruption and inefficiency in the government bureaucracy as it cuts across the various functional areas of governance. the Department of Education is the top employer.67 The Philippine Government Bureaucracy The Philippine government is the largest employer in the country with 96 percent of employees working in the executive branch (based on the latest available inventory). (Table 2 and Table 3) Table 2 Dimensions of the Philippine Civil Service (as of 2004) Career Executive (National) Executive (Local) Legislative Judiciary Constitutional Total 2004Source: Civil Service Commission [2004] Non-career 50185 104028 3521 1197 602 159533 Total 1016345 408979 5838 26931 17606 1475699 966160 304951 2317 25734 17004 1316166 56 . it is the government in the long-run that is the main player in combating corruption. 2006 held in Australia D. Among the government agencies.

for providing other services and for raising salaries of state workers. and (c) endangered public order and safety. Ghost projects and payrolls. 57 . Evasion of public bidding in public contracts.70 Way back in the year 2000.480 Corruption and Inefficiency as a Phenomenon With such a large bureaucracy. the total national government outstanding debt has reached PhP5. Nepotism and favoritism.71 According to the Philippine Center on Transnational Crimes.270 26.69 It is widely perceived that corruption and inefficiency only serve to aggravate the country‘s debt burden.063 trillion. corruption is usually committed or exists through:72 1. 4. corruption appears to be an imminent problem. (b) shattered political credibility and demoralized bureaucracy.931 26.Democratic Deficits in the Philippines: What is to be Done? Table 3 Top Employers by Sector (as of 2004) Sector Education Interior and Local Government State Universities/colleges Public Works and Highways Judiciary Health Autonomous Region of Muslim Mindanao Source: CSC [2004] Number of Personnel 500.913 27. poverty and income inequality.951 149. Latest estimates show that as of January 2010.‖68 Some of the most profound consequences of corruption and inefficiency include the following: (a) social dislocation caused by distorted economic growth.292 59. 3. Sub-contracting. the World Bank estimated that corruption was costing the Philippines government US$47 million every year which when translated to a 20-year period up to 1997 means a massive US$48 billion. It has been estimated that ―the Philippines is losing tens of billions of pesos every year to corruption— an amount that could have been spent for building schools and hospitals. Tax evasion.730 25. 5. 2.

weakens monopoly power. A study released in 2008 tracked anti-corruption initiatives and strategic focus as perceived and experienced by four government agencies in Region XI (Southern Mindanao). Establishing clear accountabilities of decision makers.77 The study showed that: 58 . has criticized President Arroyo for ―her selective releases of pork barrel funds which totals about P7 billion. there have been accusations from various sectors that some legislators have profited financially from the ―pork barrel system‖ supposedly through commissions or cuts from contractors or suppliers. including monitoring of decisions and actions. According to former Budget Secretary Emilia Boncodin.‖76 Time and again. in Pilipino). Campos explains: …does the (expected) benefit of engaging in a corrupt transaction exceed the (expected) cost of doing so? Hence. increasing transparency of all aspects of the decisionmaking process strengthens accountability. 73 The so-called ―pork barrel system‖ technically known as Priority Development Assistance Fund (PDAF)74 has particularly been known to be a major source of corruption.Democratic Deficits in the Philippines: What is to be Done? 6. Moreover. The following heuristic formula (again due to Klitgaard) is a useful guide for applying the theory to identify and address corruption vulnerabilities: corruption = monopoly power + discretion – accountability where each variable is a function of the degree of transparency. one needs to shrink the potential benefits and amplify the potential costs of a corrupt act. the greater the transparency. The above ―avenues‖ of corruption demonstrate that corruption is a product of incentives. has accused President Gloria Macapagal-Arroyo of practicing the selective release of lump sum funds and PDAF such that only those close to Malacañang gain access to PDAF funds.‖ Boncodin. Wide discretion of decision makers generates similar opportunities. i. to reduce the risk and incidence of corruption.75 The minority bloc in the Philippine Senate led by Senate Minority Leader Aquilino Q. Extortion or giving of protection money (tong.. Jr. Bribery (lagay.e. Pimentel. helps counter these tendencies. in Pilipino). De facto monopoly over a decision gives the decision maker ample room to extract bribes from those who might be affected by the decision and for the latter to easily focus on a single target to corrupt. and 7. the less the potential for illegitimate manipulation of the variables. who resigned as Budget Secretary along with nine other Cabinet-ranked officials in 2005 in protest of the Arroyo administration‘s leadership style. and restrains discretion. with each congressman supposedly getting P70 million per year and each senator getting P200 million annually. similar fund mechanisms are adopted by other countries as an effective tool to cover contingencies and provides flexibility in operations but the case of the Philippines is such that it ―suffers from general lack of transparency and abuse of discretion.

Country comparisons in terms of corruption do not augur well for the Philippines considering that such comparisons influence investment decisions which are vital to economic growth. empirical surveys and scorecard. TI-Philippines (2001). ranked highly important were judicial independence and enforcement of visible grand corruption cases. followed by civil society organizations with 67 programs and initiatives. including corporate responsibility. (Table 4) International Perceptions of Corruption in the Philippines Despite the prevalence of such programs. multilateral and development funding agencies contributing 25 programs and initiatives. budgetary control and treasury development. Also high expectations were placed upon civil society participation. the Philippines has consistently ranked low in the Corruption Perception Index (CPI) released annually by Transparency International. while in terms of financial controls. while business and labor contributing 12 programs. In the 2009 CPI.4. Political leadership and political will of leadership play crucial roles in combating corruption. Organizations & Agencies Involved in Combating Corruption in the Philippines.78 The same study cited the inventory of initiatives on good governance and anti-corruption in the Philippines documented by Transparency International (TI) in 1991 as follows: Table 4 Number of Programs on Good Governance and Anti-Corruption Players Number of Programs Philippine Government 103 Civil Society 67 Multilateral and Development Funding 25 Agencies Business and Labor 12 TOTAL 207 Source: Hills Governance Center.Democratic Deficits in the Philippines: What is to be Done? …the government remains to be the main player in combating graft and corruption in the country. Tax simplification and fiscal discipline were also deemed highly important. community involvement. emphasis were focused on procurement audit and financial reforms. Programs and initiatives on good governance and anti-corruption totaled 207 with the government contributing 103 anti-corruption initiatives. In legal reforms. The customs service was identified on top of the highly important institutional reforms and high importance was placed on transparency and a review on pay and incentives. Directory of Institutions. alongside Pakistan and 59 . the Philippines ranked 139th to the bottom with a score of 2.

the Philippines—with a score of 8.Democratic Deficits in the Philippines: What is to be Done? Bangladesh.81 According to Transparency International: Overall results in the 2009 index are of great concern because corruption continues to lurk where opacity rules. and where governments have not implemented anticorruption legal frameworks… With the vast majority of countries in the 2009 index scoring below 5. Vietnam ranked 120th with 2.7.174 respondents. expatriate business executives doing business in the Asia-Pacific region.4.5. Thailand ranked 84th with 3. The Philippines ranked better than three of its Southeast Asian neighbors—Timor-Leste (2.2. fast-track disbursements of public funds and attempts to secure peace are being implemented around the world. 77 percent of Filipinos deem their government‘s efforts ineffective in the fight against corruption.06—fell two rungs down compared to the previous 60 .2).‖83 TI also released its 2009 Global Corruption Barometer in June 2009 (which is on its 6th edition). According to the survey. the corruption challenge is undeniable. Cambodia (2.5.0) and Myanmar (1.) However.79 The 2009 CPI includes 180 countries. where institutions still need strengthening. which ranked third in the 2009 CPI with a score of 9.3 in the 2008 CPI. Brunei ranked 39th with 5.80 (See Annex G for Corruptions Perception Index Table for 2009 and Annex H for CPI 2009 Methodology. in order to break its corrosive cycle. The survey also reveals that respondents from the Philippines do not file formal complaints against requests for bribes because of the following reasons (Table 5):84 Table 5 Reasons for not filing formal complaints against requests for bribes (Respondents from the Philippines) 2009 Global Corruption Barometer Reason Percentage of Respondents they did not know how to do it 21% it would have taken too much time 59% it would not have helped at all 36% Source: Transparency International In the 2010 annual survey of the Political and Economic Risk Consultancy (PERC) where it polled 2. registering the highest percentage points in Southeast Asia and the second highest in Asia.8. Malaysia ranked 56th with 4.4)--and mildly improved from 141st with a score of 2.82 TI chairman Huguette Labelle underscores the importance of curbing corruption by strengthening the institutions of low-ranked countries: ―At a time when massive stimulus packages. the same as the 2008 CPI. Indonesia ranked 111th with 2. it is essential to identify where corruption blocks good governance and accountability. the Philippines lagged behind Singapore.

67 4. Singapore 1.06 14.10) and Indonesia (score 9.42).18).42 2. India (score 7. Thailand 7. Australia (score 2.07). The economies that were perceived least corrupt are Singapore (score 1. Japan 3. No. Australia 2. South Korea (score 5. Taiwan (score 6.28).27). investment. which is directly above the Philippines and therefore fifth most corrupt.28 9. Indonesia 9.96).07 15.96 7. China (score 6. Cambodia 9.60). Vietnam 8.52).10 16. government spending. South Korea 5. Hong Kong 2. way below the global average of 40. the Philippines has the worst score in ―freedom from corruption‖ at 23 points. (score 7.49 6.98). trade.28). Macau 4. property rights and labor. fiscal. United States 3. The decline has been attributed to ―small reductions in monetary freedom and freedom from corruption‖ which are two of the ten criteria used in the ranking. zero is the best possible score which means that the respondents saw that particular economy as having the lowest level of corruption among politicians and civil servants. Ranked worse than the Philippines in the opinion of the expatriate respondents are Vietnam (score: 8. Malaysia 6. Of the ten criteria.42 5. On a scale of zero to 10.47).47 10. Malaysia (score 6.5 points. financial.3 in 2010. Cambodia (score 9.85 (Table 6) Table 6 Political and Economic Risk Consultancy 2010 Annual Survey Economy Score 1.8 in 2009 to 56. 2. based on which each of the 16 economies was graded. Hong Kong.6 13. Taiwan 6.88 61 .27 Source: Political and Economic Risk Consultancy (PERC) Note: The opinions about corruption indicators in 16 Asia-Pacific economies were gathered. China 6.86 The issue of corruption in the Philippines is a glaring factor that pulled down the ranking of the country in The Heritage Foundation‘s 2010 Economic Freedom Index87 from a score of 56.67. Japan (score 3.49). The other eight criteria relate to freedom in business. Philippines 8. Macau (score 4. the United States (score 3.98 8.28 3. India 7.Democratic Deficits in the Philippines: What is to be Done? year and became the fourth most corrupt economy.42.18 12. and Thailand.52 11. 1 on the PERC list).

Willingness of enterprises to fund an anti-corruption program is back to 5% of net income. 2. At least two-thirds do not use intermediaries in local business permit renewals. Presidential Anti-Graft and Corruption (PAGC). Commission on Elections (Comelec). half of managers see improvement in transparency in bidding for a government contract. Department of Justice (DOJ). 9. it was notably down in Commission on Audit (COA). three-fourths support passage of a strong law on right to information. 7. "fighting corruption" and "creating jobs" are first and second priorities of both managers and the public. Managers reporting honest business practices in their sector remain few. It was notably up in trial courts. Since the index was launched in 1995.89 Local Perceptions of Corruption in the Philippines The following Highlights of the 2009 SWS Surveys of Enterprises on Corruption reinforce the perception of widespread corruption in the Philippines: 1. Department of Environment and Natural Resources (DENR). Managers consider private sector corruption to be less than public corruption. the Philippines consistently placed within the range of ―mostly unfree‖ economies. 5. and Presidential Commission on Good Government (PCGG). the trend is flat. Sincerity in fighting corruption varies across agencies. but still a high 60%. Two-fifths of managers sense improvement in public access to information. On government efforts to fight corruption. 4. Government Service Insurance System (GSIS).7. The proportion of enterprises solicited for a bribe was below the 2008 peak. 8. Armed Forces of the Philippines (AFP). Managers consider public sector corruption to be high and stagnant. On the other hand. Hong Kong topped the list with a score of 89. the more that corruption happens. Third priority is "promoting a 62 .Democratic Deficits in the Philippines: What is to be Done? The Philippines ranked 109th out of 179 countries/economies. Department of Budget and Management (DBM). and Office of the President. The farther from the local level. Majority of managers find transparency in local government procedures. 3. Department of Transportation and Communication (DOTC). However. In voting for President. 10. 6. Department of Finance (DOF). similar to 2005 and 2006 after a slump in 2007.

Local government units (LGUs). According to Parayno. which remained incomplete as of December 31. but "eradicating poverty" for the public. the Bureau of Customs (BoC) is considered as one of the most corrupt.58 billion or 38.‖92 The DA wasted some P7. perhaps wary of another ―fertilizer scam. 11. A newspaper report presents the following details. Managers consider the business climate to be better than 2008.3 billion-fertilizer fund project under the GMA Rice Program. 2008 with only P1.14 billion in terms of bungled or incomplete projects in a report submitted by the Commission on Audit (COA) to the Office of the President for the year 2008. which include the following (Table 7):91 Table 7 Factors that Predispose the Customs Service to Corruption Predisposing Factors to Corruption Abundance of opportunities Irresistible rewards Low-risk endeavours Damaged values system and culture Weak controls and justice system Lack of means and support Insincere and opportunistic media If ―wasteful fund management‖ is a major indicator of inefficiency. Fertilizer suppliers likewise refused to accept ―fertilizer discount coupons‖ or FDCs as form of payment. 63 .99 percent of the project implemented due to squabbles between the main office and regional offices.19 billion farm-to-market road project of the DA.90 Among the national government agencies.‖ refused to participate in the implementation. among others: COA said the biggest ―bungle‖ was the P5. which further stalled the project. It has been subjected to large-scale waves of purging since the 1970s. the Department of Agriculture (DA) would be a prime example in terms of ―bungled project implementation or missing and diverted funds. the anti-corruption strategies adopted during the 1970s and 1980s to minimize the Philippine Customs Service proved to be ineffective and added that many environmental factors predispose the Custom Service to a high incidence of corruption.Democratic Deficits in the Philippines: What is to be Done? good business environment" for managers. Another bungle was the P1.

The data gathered validated the hypothesis inferred from the theoretical framework that boundary exchange processes between the procurement officials and accredited dealers. where the consistent response yielded the amount of lagay at 1-2% of the amount of the transaction. However. There is corruption in the Philippine Navy procurement system. There is a prevailing fixed rate of lagay. However. Also. The rest were condemned as having ―operational deficiencies.Democratic Deficits in the Philippines: What is to be Done? Some P2. IX and XI. the COA. overpricing. which work within the milieu of the procurement process. 2. ―ghost delivery‖.2 million was spent on printing the useless FDCs. the corruptive behavior is not initiated by the dealer nor the procurement official instead. The main reason why corruption is being resorted to is to expedite the processing of documents. built at a cost of P7. lagay. These are. which have no discretionary powers. 6. some offices were perceived to be more corrupt than the others.35 million. the levels of corruption of the different units of the PN varied and are dependent on the corruptive or non-corruptive behavior of their respective Commanders.‖93 A study conducted by LTSG. There are several forms of corruption being practiced. However. 3. this is dependent on the amount of transaction except for the COA. will result to bureaucratic corruption. tong.55 million but succeeded in building only one ―operational‖ terminal. 4. 5. this is not applicable to offices. Mini-dams for irrigation in Regions VIII. the practice had become a routine that both parties readily and mutually agree on the terms. which are already part of the largesse as in the case of the BAC. Ironically. Anthonio F. Trillanes IV (now Senator) in 2002 had the following findings:94 1. 64 . The DA also sought to construct 11 Barangay Food Terminals (BFT) worth P1. were rendered useless due to inferior construction. as in the case of the Deputy Commander‘s office and to offices. However. rigged bidding. All offices involved in the procurement system had corruption incidences. which is supposed to be the watchdog of the government against corruption. substitution and under delivery. got a 100% response in corruption perception. negotiated canvass.

From 1986 to 2005. show the following findings: It was observed that incentives.Democratic Deficits in the Philippines: What is to be Done? The Office of the Ombudsman is the primary anti-corruption agency in the Philippines. the Court dismissed thirteen trial court judges and one Court of Appeals Justice. At the same time. …from January 2006 to March 2009. However.96 Factors Breeding Corruption and Inefficiency A study on the civil service focusing on incentive systems in the bureaucracy97. these numbers reflected the loose screening process in the judiciary. is now facing calls to resign by locals and CSOs alike. and fined more than 100 trial court judges. the Supreme Court has dealt with the problem to some extent: The push for ethical and clean judges has been a continuing campaign. especially over the last several years. particularly the Department of Education. observers note that the agency falls short of fulfilling its mandate: Critics of the OMB highlight its focus on petty corruption at the expense of larger more senior-level cases.652 cases awaiting OMB action in 1994 – Freedom House Countries at the Crossroads: Philippines 2007) and analysts were disappointed in 2006 about the body‘s withdrawal of charges against the Commission on Elections for an automation contract in 2004. suspending. suspended sixteen trial court judges and one appellate court justice.95 With the challenge of corruption facing the Philippine judiciary in the face. Many do file complaints against judges and a number of these lead to sanctions. The increasing number of ad-hoc bodies. Independence is further compromised by the fact that the Ombudsman is politically appointed by the president. the Supreme Court punished more than a thousand regional trial court judges by dismissing. She. That was a pretty large number for three years—about fifty are sanctioned a year—showing the seriousness of the Court. Its long history of inefficiency has also tainted its reputation (there were 14. which includes members such as the Makati Business Club (MBC). both monetary and non-monetary have affected the quality of the bureaucracy in the Philippines. The Coalition against Corruption. Merceditas Gutierrez. 65 . or fining them. External and internal distortions now weigh down the 20-year-old government compensation system. The current head of the OMB is a former law-school classmate of the president‘s husband. described her as a ―liability in the fight to stamp out corruption" given her alleged inactivity as the principal anticorruption agent.

and appointment as a reward. Positive correlations observed between shares of CESO eligible people occupying executive posts in human services agencies and corresponding agency public approval ratings. contained. According to media coverage of the forum: On the presidential appointment issue.98 In a public forum on ―The Powers of the Presidency: Preventing Misuse and Abuse. then institutions (incentives) impinging on the civil service and on the performance of the bureaucracy need to be reformed or. On the whole. This seems to be accompanied by an increased vulnerability to rent seeking. is far more critical in government than in the private sector because the link between money wages and agent performance in government is. The latter. What does this imply? If country shortcomings in human development are to be addressed. also provide some evidence that better bureaucracy quality is associated with better agency performance in the Philippines.‖ She also described as ―monobloc‖ secretaries appointed by Malacañang to various positions because the bureaucracy is bloated they have no official looking chairs but monobloc chairs. which pertains to non-monetary disincentives. by definition. David said that there is an excess of 81 undersecretaries and assistant secretaries which led to the politicization of the bureaucracy and undermining professionalization. consultants and assistants) because they have the rank of secretary. trends in the profile of personnel across all levels of the corps indicate a deteriorating quality.99 From a socio-cultural and psychological perspective. 66 . She tagged as ―calling card‖ secretaries and other designations (presidential advisers. especially at the 3rd level comprising executive and policy/highly technical personnel.‖ the views of former Civil Service Commission Chairman Karina Constantino David on appointments to key positions in government should be noted as a factor that breeds corruption and inefficiency. have vague [functions with]…Duplicating and even comical titles ―blurring the lines of accountability. some factors in the Filipino psyche account for the spiritual or moral deficit that fuels corruption and inefficiency in the Philippine government. relatively weak. political spoils over competence. David said the present appointment system is warped in that the basis of some current appointments is loyalty above qualifications.Democratic Deficits in the Philippines: What is to be Done? presidential consultants/advisers and political appointees is also a source of demoralization. at the very least.

being ―other-oriented‖ and capable of great empathy and yet at the same time also self-serving. each business permit. One analyst even asserts that ―Corruption has corroded our spiritual life to the core…We have ‗normalized‘ corruption and accepted it as part of our daily lives. adaptable and creative and this allows them to adjust to any set of circumstances and to make the best of the situation but these also lead them to compromise on the precision and discipline necessary to accomplish many workoriented goals. Corruption‘s hidden costs are just as deadly as its seen costs. not to mention the grease money needed to keep the petty bureaucrats happy in the regulatory agencies. Filipinos have also become a people with many contradictions or traits that act as ―double-edged swords‖ which may account for the so-called manifestations of lack of civility. that is a loss. Surely. effects of colonial policies during the Spanish and United States occupations such as political coercion and cooptation of native leaders into the colonial government service which is referred to in modern times as patronage politics. some observers have argued that corruption has become systemic. Filipinos are ―family-oriented‖ giving them a deep sense of their roots but this can also prevent them from reaching out beyond the family to the larger community and to the nation. if not lasting.Democratic Deficits in the Philippines: What is to be Done? Sociologists and historians have noted the lingering. It is no longer the aberration but the routine.100 Filipinos have a sense of joy and humor which serves them well in difficult times but serious problems need serious analysis and humor can be distracting and unconstructive. But we cannot count all the bribes entailed for each building permit. or each franchise—and then multiply that bribe by how many vote were needed at the Sanggunian or in Congress. but this can be taken to the extreme where they can be excessively affected emotionally by interpersonal issues.‖102 He illustrates the vicious cycle of corruption: …Corruption goes into the heart of why our democracy doesn‘t work. We can count or at least estimate the billions of taxpayer‘s money that is diverted to private pockets. and you can roughly compute how many school buildings. how many hospitals. also being hardworking and lazy. or how many scholarships all that money could have supported.101 With the interplay of these traits within an environment predisposed to corruption. Just look at our congressmen‘s and senators‘ pork barrel. and in transactions between the government agencies and the entities in the private sector that deal with the government. Other ―combinations‖ of contradicting values include pakikipagkapwa-tao and kanya-kanya. envious of others and unconstructively critical of one another. Filipinos are flexible. Filipinos are ―person-oriented‖ allowing them to be capable of much caring and concern for others. and the phenomenon of apathy that help breed corruption within the civil service. having no sense of shame. the so-called crab mentality. each condominium construction. 67 . The religiosity of the Filipinos as a people is a source of strength and courage but may keep them passive and dependent on forces outside ourselves. how many feeding programs.

The truth is business is the main source of political corruption. The stakes are higher and purely pecuniary. who corrupt public officials and the political system. A retired business executive asserts that there is a: …widespread misconception that business is a victim of political corruption. financial controls. it makes sense to focus on making those laws effective through determined implementation or political will. 68 . by raising the stakes. Rather our corrupted democracy attracts the mercenary who see public office as merely a rent-seeking post. it has made campaigns more costly and thus excludes ordinary citizens from the contest or forces them into the waiting arms of political patrons and warlords. it has upped the ante in our elections. al.‖ for a kind of public service that beckons forth men and women of character. et.105 which covers six areas: political reforms. The Philippine government has officially recognized and ratified the United Nations Convention against Corruption (UNCAC). amending and expanding the prohibited acts of public officers prescribed in the Revised Penal Code. Anti-corruption provisions are found in the Constitution and various legislations on anti-graft and corrupt practices with stiffer penalties. But it is actually wealthy people outside government.Democratic Deficits in the Philippines: What is to be Done? Because corruption has made public office so lucrative. competing for rent-generating privileges and concessions. Publicly. (See Annex I for Overview of the Legal Framework for Dealing with Corruption in the Philippines and Annex J for Rules Implementing The Code of Conduct and Ethical Standards for Public Officials and Employees. Worst of all. public oversight and civil society.103 Leaders in the private sector have acknowledged that corruption is often a conspiracy between entities in the government and the private business sector. Worse.104 An examination of the existing legal framework dealing with graft and inefficiency will show that there are already many laws and other legal instruments and institutions in place. business has successfully laid the blame for corruption at the feet of government officials. civil liberties. and legal-judicial reforms. such as the Sandiganbayan and the Office of the Ombudsman. There are laws that have streamlined the functions and strengthened the anti-graft institutions. It is impossible to aim for what Confucian societies call ―rule by virtue. institutional reforms. it has become—for the mercenary—worth killing and maiming the innocent. fiscal policy. it has made elections deadly. coupled with complementary efforts by the private sector and civil society.) What is to be done? In a developing country like the Philippines with anti-corruption laws already in place. in that the stakes being so high. The following recommendations are based on the multi-pronged strategy formulated by Thomas.

the wide influence of a family or clan will have the tendency to create a climate conducive to acts of conspiracy that may lead to corruption. and business processes can be broken down into discrete components and evaluated. reforms of political processes and systems should be an integral part of the government‘s overall anticorruption program.107 Indeed. the World Bank‘s recommendations do not address them for lack of expertise and jurisdiction in this area.Democratic Deficits in the Philippines: What is to be Done? Political Reforms There is a need to reform campaign finance in the medium-term. Examples of suggested actions in this area are:   Selecting priority department and agencies. well-defined. it is easier to make progress in the Philippines since: agencies and departments are relatively small. The World Bank has noted that: The dynamics of electoral politics as practiced in the Philippines—particularly. Institutional Reforms Institutional reforms consist of government reform and civil service measures. At this level. their mandates are narrow.106 Then presidential aspirant JSC de los Reyes of Ang Kapatiran even asserts that ―ending and prohibiting political dynasties as enshrined in the Constitution‖ will help curb corruption. ambiguous legislation and administrative orders can be clarified or rescinded. 69 . nature. issues of corruption in politics are bigger than campaign finance reform and different from petty corruption in procurement and bribery in the civil service. the financial requirements to obtain and retain office and placate core constituencies—create dysfunctional incentives that degrade the performance of the public sector as a whole. Although these issues have been acknowledged in the Philippines and demand due consideration. and institutional origins. Government reform The World Bank‘s recommendation to target selected agencies may be implemented in the long-term:108 Many corrupt behaviors are unique to specific government units and functions. Nevertheless. based on the public‘s priority concerns Identifying areas for a few quick wins that would give momentum to further reforms. In its issues. and can easily be subjected to scrutiny and reform.

It shouldn‘t be enough that the police arrest suspects.Democratic Deficits in the Philippines: What is to be Done? We suggest that the various recommendations of presidential aspirants to reform government institutions or to implement existing laws in the medium-term to the long-term be seriously studied. I will be available 24/7. like those in the Bureau of Internal Revenue (BIR). I will encourage people to text me every day so I will be able to monitor allegations of stealing from the government and right away we can investigate. and Making representations before the Supreme Court and Congress to bring about the speedy administration of justice. the discretion to allow or disallow certain deductions or exemptions.110 Another presidential aspirant advanced the following plan: Adhering to the constitutional mandate of passing the law on full public disclosure of all government transactions. Abolishing laws.111 Presidential aspirant Maria Ana Consuelo ―Jamby‖ Madrigal said that: Whistle-blowers and anticorruption watchdogs should be adequately protected. There should be a strong conviction rate because success breeds success. rules and regulations that give government personnel. III said that there is a need to focus on strengthening the Office of the Ombudsman: We will assign people who will focus solely on monitoring these activities. We will strengthen the Ombudsman. Then presidential aspirant Benigno Simeon Aquino. Once charges are filed. We don‘t want a 20-percent success rate in our anticorruption cases. Abolishing the pork barrel system.109 Presidential aspirant Richard Gordon of Bagumbayan volunteered to be highly accessible to the people and to remove his power to appoint the Ombudsman if he became President: We can eliminate corruption when our people can report to a man they can believe in. Antigraft and corruption measures should focus on the big fish. I will remove my power to appoint the Ombudsman and ask that the Constitution be amended to allow people to vote for an Ombudsman in a quick election based on track record. 70 . it must be ensured that someone will be found guilty and punished.

The framework of the current Salary Standardization Law (of 1987) is more than 20 years old and there lessons in the field of human resource management should be integrated in order to better link government compensation to agent contribution. 270 which seek to establish a Career Executive System. Department of Education and Department of Environment and Natural Resources—the sources of high corruption.113 Civil service (pay and incentive reform. as presented in a study by Monsod:114  Strengthen 3rd party enforcement as regards personnel hiring in order to reduce or check ineligible. All of these programs will not be implemented without the support of civil society. which is long overdue. Department of Public Works and Highways. The proposed Government Classification and Compensation Act designed by the CSC in 2006 tries to innovate in this regard. political appointments. 3956 or Senate Bill No. especially in the BIR.  71 .as well as clarifying the role of the Civil Service Commission in enforcing the same. meritocracy. especially in the BIR and Customs. it should include the exposé and punishment of politicians for promoting and upholding free-market and free-trade policies that back up the foreign plunder and underdevelopment of the Philippine economy.Democratic Deficits in the Philippines: What is to be Done? Moreover. restructuring of agencies. This would require clarifying the extent of the Presidential prerogative – identifying which positions are subject to it and which should be based solely on merit and fitness . Reform of monetary incentives. So I will create a Cabinet position on civil society affairs. Provisions to this effect are currently proposed under House Bill No. Third party enforcement as regards the creation of new agencies – which is currently the jurisdiction of the Department of Budget and Management and Congress – also needs to be clarified and strengthened. I will mobilize the millions of people in civil society to participate in a massive anticorruption drive. I‘ll set deadlines. to end corruption there within 100 days. Once they‘re appointed.112 Presidential aspirant Nicanor Perlas believed in focusing on the government agencies which are the greatest sources of corruption while creating a Cabinet position for civil society affairs: I will appoint a whole new set of people. transparency) The following general recommendations are proposed to be implemented in the shortterm. Customs.

likewise said that ―We have to work for restructuring in terms of pay scales and bonus schemes for public service. the question is who they are.‖117 To encourage more lawyers to join the Public Prosecution in the fight against graft and corruption. it is recommended that the number of the plantilla positions of government prosecutors. and their corresponding salaries be increased. While any president is entitled to his or her advisers.118 This may be carried out in the medium-term. what their terms of reference are. Yes.‖116 Presidential aspirant Gilbert Teodoro. that will be my policy. both in the Office of the Ombudsman and the National Prosecution Service. The primary criterion for qualification should be an officer who possesses technical competence and vision to 72 .Democratic Deficits in the Philippines: What is to be Done?  Formulate an official policy of transparency as regards the role and authorities of presidential consultants/advisers. Currently. For the military. Presidential consultants/advisers -who are considered ―cabinet-level‖ positions – however undergo no such confirmation process. and enhancing meritocracy in appointments and promotions. They are also subject to public scrutiny not to mention administrative laws that (theoretically) help ensure that power is not abused. Jr. implementing related awards and sanctions. yet enjoy a great deal of authority. regular Cabinet officials undergo a Congressional confirmation process in order to officially assume office. and whether and how they are held accountable to entities other than the president. The related recommendations of Vinay Bhargaya of the World Bank may be implemented immediately and in the medium-term:115  Limiting the scope for patronage in public employment by depoliticizing the civil service and strictly regulating the use of casual and other contractual workers Decompressing the government pay scale to provide competitive salaries up to senior levels Strengthening performance evaluation.   Even then presidential aspirant Benigno Simeon Aquino III supports the provision of competitive salaries: ―We give them salaries and packages that would practically guarantee that they will not be corrupt. the following recommendation should be implemented immediately:  Strictly adhere to the merit system of promotion and selection of officers to be designated as commanders of its different units. You have to reduce temptations. I believe that the majority of those going to government are matino but we don‘t give them a chance to be one and we force them to go into these situations.

requiring an agency to specify and publish: each step of procedures to obtain a particular service.119 Civil liberties. These may be replicated immediately by government employees in government agencies where PSLINK is not yet present:120 Participation in anti-corruption committees PSLINK sends members to participate in inter-agency anti-corruption meetings. The World Bank explains that: Measures to increase significantly the information made available to the general public have special importance because they let citizens know what officials are accountable for and how to judge their performance against those standards. the confederation of public sector unions of Philippine government employees. public oversight and civil society Civil society participation can be enhanced immediately by increasing transparency through public oversight. Actions that could enhance transparency and public oversight include:  Establishing a citizen charter. maximum length of time to conclude the process. more importantly. has the moral integrity and political will to implement reforms. 73 . An innovative approach has been taken by PSLINK. Active efforts to engage civil society to advance accountability and integrity are also needed.      Government employees themselves should be at the forefront of fighting corruption and inefficiency. and enhancing the role of cabinet officials who are Strengthening the ongoing initiatives for governance-appraisal systems for cities and municipalities and publishing results annually. and procedures to file complaints on agency failure to follow required procedures Using government officials‘ statement of assets and liabilities proactively to identify possible cases of corruption Conducting client surveys to get regular feedback on access and quality of government services Establishing advisory boards made up of prominent Filipino citizens to assist the Office of the Ombudsman as well as each department and agency targeted for anticorruption effort Limiting the role of advisers in the government. who are not governed by public accountability and parliamentary processes.Democratic Deficits in the Philippines: What is to be Done? effectively formulate reforms and. by initiating several programs in the fight against corruption.

They also monitor the quality of medicines to ensure there is no substitution with inferior medicines during the delivery process. Procurement In the area of procurement PSLINK has provided training to members of the Committee for Bids and Awards. The private business sector also has a crucial role in ensuring that corruption is prevented through collective action or even as a national movement. Corruption in the delivery of primary school text books resulted in up to 55 percent of the books not being delivered so PSLINK worked with TAN. Mr. Procurement of medicine – a healthy alternative to corruption The union is also involved with other civil society groups in monitoring the procurement of medical drugs and identifying any discrepancy between the listed purchase price and the actual money paid.Democratic Deficits in the Philippines: What is to be Done? Integrity Circles PSLINK is trying to form workplace-based ‗Integrity Circles‘ (IC‘s). These members receive training from an organisation called Transparency and Accountability Network (TAN) which has been accredited by the government to provide training on the new procurement law established in the Philippines. The idea is to create groups at the level of the smallest unit to discuss and implement ways to improve the workplace and increase productivity and efficiency and to serve as monitors and advocacy groups. Procurement of text books – counting away corruption One successful campaign involving the delivery of textbooks to primary school students demonstrates the success such monitoring processes can have in cutting down on corruption. This reduced the number of missing text books from 55 percent to 5 percent. Often there are large discrepancies. Procurement Watch PSLINK is also establishing a regional procurement watch to scrutinise the results of public bidding. The name is specifically designed to attract members and the concept mirrors the campaign to popularize quality through the creation of "Quality Circles". former President 74 . They promote the purchase of generic brands over expensive brand-name medicines and closely monitor the expiry dates of medicines delivered to ensure that medicines which are almost out-of-date are not being off-loaded onto Filipino people. Members also participate in the deliberation and monitoring of the profits of companies bidding for public projects and ensure that terms and conditions contained in contracts are not disadvantageous for the government. Procurement Watch and other NGOs to mobilise union members and boy and girl scouts to physically count the books during the delivery process and compare this to the number which were supposed to be delivered. Adrian Wood. These members are there to scrutinise the bidding process when results of bids are announced to ensure the proper process is followed.

allocation of personnel and other resources. and Company B must be obliged to investigate. Philippines. If Company A learns about suspicious behavior by representatives of Company B. Trade associations and NGOs can host the necessary meetings with the appropriate antitrust protections.Democratic Deficits in the Philippines: What is to be Done? and Chief Executive Officer of Siemens. Approval and support from relevant government agencies • Sharing the proposed code with relevant government agencies gives them an opportunity to identify illegal and unethical practices which otherwise might not be known to the participating companies. specific rules and guidelines for relevant employee groups must be drafted. correct and if necessary penalize the personnel and company who engaged in improper behavior. Prevalent abusive practices in various business environments should be described in detail. There should be a formal agreement among the CEOs or General Counsel or Compliance Officers of the participating companies that suspicious behavior from any of their respective representatives or employees will be reported and mutually dealt with. During the meeting it is important to determine the program of activities. Self Regulatory Monitoring of participating companies • Critical to the success of Collective Action is the participating companies‘ commitment to transparency. lawyers or compliance officers at Company A must be able to inform Company B confidentially. 121 75 . CEOs’ commitment to the project • Within the format of a trade association meeting with the third party sponsor(s) present. It is important to determine the sharing of the work at the onset. a detailed but plain language code can be drafted by the lawyers from the participating companies once the project commences. It also promotes more transparency among the various sectors involved in Collective Action. Apart from that. then the CEO. Plain language Code of Conduct for participating companies • International and local organizations which are actively campaigning against corruption can provide the basic templates for the Code of Conduct. explains the essential elements for Collective Action: Neutral third party • Due to the antitrust law the pact should be sponsored by a neutral third party. Inc. From these industry-specific templates. Admonishing against the engaging in corrupt practices is not enough. assignment of duties and responsibilities. obtain the commitment of all of the CEOs of participating companies. This will ensure that operational issues are addressed immediately which is critical to the continuity of the program.

External enforcement under this approach is done via a structured audit and certification process. External enforcement can be initiated by customers or bidding companies through formal written agreements commonly referred to as ‗Integrity Pacts‖. This method requires a third party or an auditing firm that can independently evaluate applications of interested companies as well as assess continuing membership based on the extent of conformance to the established standards. a project-based agreement may be formulated. more importantly. Tordecillas: According to This is an open declaration of commitment to clean business practices from various industries. which usually involve government institutions. This 76 . Compliance to the initiative is based on honor and public commitment.123 For the long-term. This also requires establishment of sanctions on companies caught violating the agreement. Of primary importance is the establishment of compliancerelated pre-requisites for memberships. Vilegas. the movement should be determined and highly organized to fight ―the establishment. there will be attempts to sabotage the movement not necessarily from outside but from even inside the membership. reputations. companies and lawyers on the line and. The enforcement is founded on peer pressure and an honor system dependent on the participating companies‘ internal corporate governance program. The certification process institutionalizes the members‘ commitment to curtail corrupt activities within their sphere of influence. information campaign and anti-corruption training. Tordecillas explains: These are principle-based initiatives that serve to strengthen the signatories‘ commitment to eliminate corrupt practices in their business activities.122 For the short-term. Regardless of the form and substance. willing to make personal and financial sacrifices. chambers of commerce and organizations. For sure. This approach requires the participation of an independent and a reputable third party. a retired business executive has proposed the formation of a national movement: …led by courageous business leaders willing to put their names. best practices sharing. usually a non-government organization responsible for monitoring the integrity of the bidding process. are recommended: roundtable discussions.Democratic Deficits in the Philippines: What is to be Done? Vicente T. the following initiatives.‖ The leaders and member must trust one another and not hold back on their commitment or else the whole effort will easily break down.

Encouraging higher standards of corporate governance.124 Corporate responsibility (international agencies and FDI) The World Bank‘s recommendation to develop partnerships with the private sector may be implemented immediately:125 The private sector. infrastructure. as a major source of funds used for corrupt purposes. Adopting accounting and auditing rules and standards to ensure transparency in business transactions. The model antibribery legislation sponsored by the Organization for Economic Cooperation and Development (OECD) is an example in that it promises significant penalties for those who continue to pay bribes. the average common man 77 . and investment. thereby creating incentives for the others to revert to bribery again. and sanctions. Leung observes that Philippine tax laws and systems are very complex and this allows the rich or the favored few to pay taxes below the scheduled or appropriate amounts. Involving the private sector will not only allow more sophisticated and sensitive policy responses to corruption to be developed but will also put pressure on the private sector to raise its own standards of behavior. industrial policy. The OECD Principles of Corporate Governance (April 1999) provide a useful model for a local initiative. has to be mobilized to combat corruption. Developing and implementing company codes of conduct and ensuring their effectiveness through internal control mechanisms. requiring a formal no-bribery commitment from all bidders for government contracts. Another example is the Integrity Pact concept being piloted in Indonesia.Democratic Deficits in the Philippines: What is to be Done? approach is the best route for ushering cultural change paving the way for a levelplaying field and an equitable business environment. The following actions could be part of a government-private sector partnership against corruption:  Involving representatives of the private sector in designing anticorruption strategies in vulnerable departments such as customs. personnel training.     Fiscal Policy We support the recommendation of former Finance Secretary Ernest Leung for a major overhaul of the Philippine tax system in the long-term. Engaging in a dialogue about how to solve the collective action problem associated with bribery: how to prevent some firms from continuing to bribe when others stop. taxation. He notes that on a per capita basis.

‖132 This may be carried out in the medium-term. For instance. eliminating noncompetitive aspects. allocative efficiency and operational efficiency is a promising area to address corruption issues. This law provides anyone with copies of all documents in all transactions. We support the recommendation of former Budget Secretary Emila Boncodin to minimize technical jargon and make the language of the government budget more simple so as to make it more understandable to the people. actively rooting out cartels. Presidential aspirant Manuel Villar of the Nacionalista Party has likewise proposed that ―I would work for increased transparency in government dealings.131 The World Bank also recommends ―Simplifying public procurement. Key potential actions to reform the budget process are: 78 .‖129 The bill will pave the way for the full disclosure of all government transactions involving public interest. and opening up tenders to international competition. I would push for televised public bidding. Everyone who is interested can come to inspect the terms of reference of government contracts. limit the boundary exchange processes to the front line levels in order to totally insulate offices mandated to perform review and inspection functions and thus discharge their duties with a more independent and dispassionate perspective. Villanueva stated that: ―In the first 12 days.126 Financial Controls Transparency should be foremost in instituting financial controls. He points out that exemptions given have created windows of opportunity for taxpayers in the higher income bracket to avoid paying taxes.127 We also support the passage of a bill on the Freedom of Information Act supported by the Catholic Bishops' Conference of the Philippines (CBCP)128 and presidential aspirant Eddie Villanueva.Democratic Deficits in the Philippines: What is to be Done? pays more taxes through the automatic income tax regime than larger entities that pay corporate taxes. a recommendation by the World Bank is worth considering:133 Reforming budget processes to achieve discipline. I‘ll certify as urgent a bill on the proposed Access to Information Act or the proposed Freedom of Information Act which my son Joel as Cibac representative fought for in Congress. On Budget Control and Treasury Development For the long-term.‖130 On Procurement reform For immediate implementation. especially in awarding bigticket contracts and large procurement activities.

the penalty is only reclusion temporal in its maximum period to reclusion perpetua. Second. 79 .000. As in malversation cases.Democratic Deficits in the Philippines: What is to be Done?    Enhancing the integrity and effectiveness of government wide and agencylevel financial management systems Improving program performance monitoring and evaluation Limiting congressional discretion over detailed line-items and strictly enforcing public finance rules in remaining cases Legal-Judicial Reforms The recommendations presented here are for the short-term to medium-term. consisting of procedural/penal reforms and substantive reforms:134 On Procedural/Penal Reforms Procedural/penal reforms may be undertaken within the short-term. has proposed several solutions in the fight against graft and corruption in an article entitled ―Fighting Graft and Corruption‖.000. which appeared in a fraternal publication:135 First. subversion or sedition. On Probation Law.00 or more. The penalty shall always be a straight one. Pamaran. the commission of any graft or corrupt practice as defined therein is uniformly penalized with imprisonment of not less than six years and one month nor more than 15 years regardless of the amount or value of the property involved. who is also a former public prosecutor and a trial judge. 3019 as amended. the penalty should be the single penalty or reclusion perpetua. it should be punishable by a single penalty of reclusion perpetua.200. Also. No minimum and maximum period. It must always be a straight penalty of ten years or twenty years. in Republic Act No. It is believed that the law should be amended in such a way that if the amount malversed exceeds PHP100. if the amount defalcated exceeds PHP22. the law should provide graduated penalties based upon the amount or damages sustained and in cases where the government is the injured party and the amount involved is PHP100. Revision of penalties of government-related crimes. Former Presiding Justice of the Sandiganbayan Manuel R. hence. persons convicted of government-related cases should likewise be not covered like those convicted of crimes against national security or public order who are disqualified from the benefits of the probation law.000.00. the Indeterminate Sentence Law shall not apply. Any case of graft and corruption or crime involving betrayal of public office must be treated as a crime against public order like rebellion. In malversation. The uniformity of the imposable penalties is not in keeping with realities.

On Substantive Reforms The following substantive reforms are recommended to be carried out in the mediumterm: 136 80 . In preliminary investigation of government related cases. which prohibits injunction against financial institution regarding collection of debts from borrower and Articles 213 and 214 of the Labor Code which prohibits any court to issue ―temporary or permanent injunction. or public grants of any kind or in connection with the disposition. In order that compliance with the aforesaid periods will be observed. approval of disapproval.D. revocation or suspension of. arraignment or other related matters. they can adapt ways and means to favor them to the disadvantage of the prosecution and the public dealing with them. The present rules are too long. 605. P. the proceedings must be terminated and resolved within a period of 30 days from filing thereof. permits. there should be no issuance of temporary restraining orders or injunctions except those issued by the Supreme Court. Government-related cases should be set for trial within a period of two months from filing to five for allowance to motion to quash.Democratic Deficits in the Philippines: What is to be Done? Third. because of the number of cases pending before the Sandiganbayan the number of division of the Sandiganbayan should really be increased to 15 but they should always be based in Metro Manila to insulate the proceedings from external influence. ―no writ of injunction shall be issued by any court to delay an investigation. Fourth. or any action whatsoever by the proper administrative official or body on concessions. Trial should be finished within a period of ten months from first setting and decision rendered within a period of two months from termination thereof. Fifth. Consequently. preliminary injunction or preliminary mandatory injunction in any case involving or growing out of the issuance. the warrant of arrest issued. patents. where the graft cases involve recovery of sum of money or property. which prohibits issuance of any restraining order. No. exploitation. There can be no reason why we cannot have it now. affording the culprit to delay the proceedings to their advantage for as they still hold office during the proceedings. exploration and/or development of the natural resources of the Philippines.D. should always be accompanied by a writ of attachment of property of the accused to avoid concealment or disposition to satisfy the civil liability or fine. utilization. 385. This is similar to Section 14 of the Ombudsman Act of 1989. licenses. or restraining order in any case involving or growing out of labor disputes‖. P. Also. We had tried this before with success when the Sandiganbayan first functioned. which provides.

Amendments of certain provisions of existing laws that provide opportunities for graft and updating of the archaic or vintage provisions to keep up with developments in governance. with whistle blower protection provisions. low-reward activity. but government‘s capacity to detect corruption and sanction corrupt practices should also be strengthened. Enactment of an additional law. and 3.‖ The following actions would strengthen the anticorruption institutions:       Fast-tracking—for successful prosecution—a few high profile pending cases of alleged graft and corruption Merging the Presidential Commission Against Graft and Corruption with the Ombudsman‘s Office and strengthen the latter‘s capacity Strengthening capacity of the Sandiganbayan Supporting capacity building in forensic audit at Commission on Audit and corruption prevention at the Civil Service Commission Streamlining and simplifying the legislative and regulatory framework involving corruption and civil service codes of conduct Strengthening the functions of the Inter-Agency Anti-Graft Coordinating Council to harmonize rules and joint activities. The goal is to change the current perception of corruption in the Philippines—from a ―low-risk. investigation and prosecution of graft. high-reward‖ activity to a ―high-risk. to strengthen the prevention. 2. The World Bank‘s similar and other recommendations may also be implemented in the medium-term and long-term:137 Anticorruption efforts should focus on preventing and eliminating root causes of corruption. Recap of “What is to be done?” Political Reforms  Reform campaign finance and end or prohibit political dynasties 81 .Democratic Deficits in the Philippines: What is to be Done? 1. Codification of the fragmented anti-graft laws and the integration of the anti-graft provisions of the widely scattered special laws.

political appointments Reform the pay incentive system to make it more competitive and reduce temptations for corruption Strictly adhere to the officers/officials/managers merit system of promotion and selection of  Civil liberties.Democratic Deficits in the Philippines: What is to be Done? Institutional Reforms      Target selected ―problem‖ agencies for government reform enhancing transparency based on the public‘s priority concerns Strengthen the Office of the Ombudsman and study alternative ways of appointing the Ombudsman other than by the President Seriously consider the proposals of the various presidential aspirants in the last May 2010 elections in relation to bureaucratic reform Strengthen third party enforcement in order to reduce or check ineligible. the confederation of public sector unions of Philippine government employees  Corporate responsibility (international agencies and FDI)  Develop government-private sector partnerships in combating corruption Fiscal Policy  Conduct a major overhaul of the Philippine tax system because exemptions given have created windows of opportunity for taxpayers in the higher income bracket to avoid paying taxes Financial Controls  Minimize technical jargon and make the language of the government budget more simple so as to make it more understandable to the people 82 . public oversight and civil society  Enhance civil society participation by increasing transparency through public oversight and by preventing corruption through collective action Encourage government employees themselves to be at the forefront of fighting corruption and inefficiency such as the innovative approach taken by PSLINK.

conduct of speedy trials or fast-tracking of high profile cases. colonization. Thus. the overcentralized structure of our political system which has been permeating our politics for so many centuries many times goes against the many democratic principles that underpin our political system. amendments of certain provisions of existing laws that provide opportunities for graft and updating of the archaic or vintage provisions. warrant of arrest to be accompanied by writ of attachment of property. allocative efficiency and operational efficiency   Legal-Judicial Reforms  Undertake specific procedural/penal reforms such as imposition of straight penalties.Democratic Deficits in the Philippines: What is to be Done?  Pass the bill on the Freedom of Information Act to pave the way for the full disclosure of all government transactions involving public interest Simplify procurement and limit the boundary exchange processes to the front line levels in order to totally insulate offices mandated to perform review and inspection functions Reform budget processes to achieve discipline. Local governments were the ―natural‖ ways of life before ―national‖ was created for consolidation during periods of occupation. E. Local Government–National Government Relations Local Governments Local governments are anterior to national government.    83 . codification of the fragmented anti-graft laws and the integration of the anti-graft provisions of the widely scattered special laws Study the possible merging of the Presidential Commission Against Graft and Corruption with the office of the Ombudsman Strengthening the functions of the Inter-Agency Anti-Graft Coordinating Council to harmonize rules and joint activities. increasing penalties for certain offenses. termination and resolution of preliminary investigation proceedings within 30 days. and no issuance of temporary restraining orders except by the Supreme Court Carry out substantive reforms such as enactment of an additional law with whistle blower protection provisions.

public works funded by local funds. environment to include community based forestry services.008 barangays. many attempts to move away from the centralized administration of the past centuries of colonial rule to restoring to its local units the governance of the citizenry. social welfare and environmental protection. These basic services are in the field of health. the Local Government Code of 1991 has the following basic features:  It devolved to the local governments the responsibility for the delivery of various aspects of basic services which used to be within the jurisdiction of the national government. 1. Figure 1: Structure of Local Governments in the Philippines National Government Provinces Highly Urbanized Cities and Independent Component Cities Municipalities Component Cities Barangays Barangays Barangays Source: Based on Romeo B. The Philippine Local Government System: History. Panganiban. (Manila: Local Government Center. 1991 Local Government Code The 1991 Local Government Code was seen as the most radical and the most comprehensive. social services including social welfare services. 136 cities.Politics and Finance. to include field and hospital services and other tertiary services. in addressing the decades old supremacy of Manila pejoratively labeled ―Imperial Manila.Democratic Deficits in the Philippines: What is to be Done? The Philippines is divided into 17 administrative regions. 81 provinces. Nineteen years hence. where are we now? In brief.495 municipalities and 42. thus far.‖ and the politico-economic stranglehold of the center that has resulted in the paralysis of the extremities. education through the school 84 .138 (See Figure 1) For over six decades of its existence. The 1991 Local Government Code was a monumental devolution of powers from the national government. agriculture. the Philippines has seen many. Ocampo and Elena M. agriculture to include agricultural extension and on-site research. This law devolved authorities in health. 1985). and Department of the Interior and Local Government (DILG).

forestry and fishery. The Code also provided the local governments the power to enter into buildoperate-transfer arrangements with the private sector. float bonds and obtain loans from private institutions. in broad strokes. The Code also increased the financial resources available to the local governments by broadening its taxing powers. increasing their share from the national taxes. housing projects and other services.Democratic Deficits in the Philippines: What is to be Done? building program. the local health board.139    Major Challenges of Local Government-National Government Governance 19 years hence. 85 . inspection of food products and quarantine. what are the major challenges of local government-national government governance viewed through the implementation of the 1991 Local government Code? Capacity building is the constant battle cry of the local governments on whom so many erstwhile national government functions were devolved but so little finances to support them given. and the local school board. the Internal Revenue Allotment (IRA) and given them additional tax power for local fees and other charges. an identification of the many issues and challenges of local governance in the Philippines as well as recommendations on how the intergovernmental relations between the national and the sub-national units may be enhanced. approval and processing of subdivision plans and establishment of cockpits and holding of cockfights. the Asian Development Bank came out with a comprehensive report on Philippine governance. promotion and development. It included. tourism in terms of facilities. providing them with specific share from the national wealth exploited in their area through mining.140 No other extant study has covered all the bases as did this report so we are quoting it at length below. operation of tricycles.  It also devolved to local governments enforcement of regulatory powers like reclassification of agricultural lands. In 2005. Many studies have advocated an urgent need to review the Internal Revenue Allotment (IRA) of the local governments particularly in the light of the creation of more cities following the Supreme Court decision. enforcement of environmental laws. telecommunications services. enforcement of national building codes. The Code also provided for the participation of civil society in local governance as it mandates participation of NGOs and PO or people‘s organizations local bodies like the local development council.

to medium-term. We recommended that performance measures and poverty indicators should be included in the bases of the allocation. The problem is exacerbated where the devolved employee has a salary higher than the chief executive of the local unit to which he has been transferred. This has disturbed the ecology of the local government employees. The new desired structures still have yet to be reconfigured. Alternative 86 . The many disasters and environmental challenges that the local governments experienced have brought them to the realization of the need to restructure themselves and establish collaborative institutions as avenues for cooperation and coordination of activities for optimum use of resources and optimum results. It was noted that close to 65.000 erstwhile national government personnel were transferred to the local units after the Code.Democratic Deficits in the Philippines: What is to be Done? Major challenges identified:  Lack of financial support for the devolved personnel. Performance indicators and benchmarks and good practices for many areas of local governance have yet to be adopted and consensually agreed upon by the local units.      What is to be done? There are several things that can be done within the short. Given their limited resources. the local governments found themselves hard pressed to pay salaries of these devolved personnel. The organizational aspects of these leagues as well as communication and coordination among them present a challenge for more effective articulation of their demands. the local governments manning these devolved agencies needed a major education and training program to keep them up to speed with the requirements of the devolved agencies. At the top of the list is the need for an urgent review of the Internal Revenue Allotment (IRA) formula which has been the bane for many local governments as they struggle to support the many devolved services. skills and competencies. Capacity and skills building noted earlier was also identified as a major challenge. For the past ten years. Many studies have identified the need to reexamine the formula for the reckoning of how much IRA each local government unit will get. The Local governments were mandated to pay for their salaries. Partnerships with NGOs and people‘s organizations through the various local government agencies and other decision making entities have yet to be enhanced and effectively enforced. the local governments have organized themselves into leagues to more effectively articulate their interests and realize their goals. As the devolved functions required more knowledge.

Recap of “What is to be done?”  Reexamine the IRA formula such that performance measures and poverty indicators should be included in the bases of the allocation Explore alternative ways of raising revenues by LGUs Adopt more efficient ways of collecting local taxes   87 . we create islands of effective governance which will only redound to the increased credit to our democracy. Experiences of other cities elsewhere in the world may be instructive for this purpose. The need to develop an Integrated Master Plan for capacity building and training for Local governments at various levels has been identified by the ADB report. There is also a need for the identification of ways to enable the local governments to cooperate and collaborate in many aspects of governance particularly in the areas of disaster management and environmental protection and preservation. The call for professionalization of the secretariats of the various leagues has also been made by many quarters. then. there is a need to coordinate all other education and training agencies to more efficiently deliver these services as well as to avoid overlaps and duplications of activities. Local governments are at the forefront of governance. Documenting and replicating best practices in other local governments in the country will be very useful. With the Local Government Academy at the helm. enhanced and periodically reevaluated so there is a consensually accepted measure of local governments not only for purpose of the IRA but more importantly for its citizenry to be confident that the democratic deficits are indeed being addressed.Democratic Deficits in the Philippines: What is to be Done? ways of raising revenues by the local units also need to be explored as well as more efficient ways of collecting local taxes to be adopted. If their effectiveness is enhanced. The Code has provided for public sector–private sector collaboration but these relationships still have to be enhanced so public services will be more efficiently and effectively delivered. The ADB report recommended exchange programs with other countries which have already experienced the enhancement of their leagues. The performance indicators should be developed.

exchange programs with other countries which have already experienced the enhancement of their leagues may be carried out Identify ways to enable local governments to cooperate and collaborate with one another and with other cities in other parts of the world in many aspects of governance. municipal mayors. including the last one by marine officers on November 29. a political analyst. the country‘s premier financial district. the various coup attempts in the past 24 years have: …unmasked an alarming political reality -. particularly in the areas of disaster management and environmental protection and preservation Document and replicate best practices in public sector–private sector collaboration in various local government jurisdictions Develop. provincial governors). The most serious one was that of December 1989 which nearly toppled Aquino. It was led by Col. Armed Forces of the Philippines (AFP)/Philippine National Police (PNP) Reform The Armed Forces of the Philippines and Military Interventionism There have been at least thirteen aborted coup attempts since 1986--nine against President Corazon Aquino from 1986 to 1989 and four against President Gloria MacapagalArroyo since 2001.142 88 . enhance and periodically reevaluate performance indicators for LGUs     F. It involved the military occupation of several hotels in Makati City. 2007. The 2007 coup attempt also included then Major (now General) Danilo Lim. city mayors. Gregorio ―Gringo‖ Honasan. who has been involved in virtually every coup attempt against the government.the hijacking of Philippine democracy and sidelining of constitutional authorities when the police and military responded to the crisis provoked by a rebellious segment of the Armed Forces… They highlight the fragility of democracy and the ever-present danger of military intervention as the arbiter of political crisis lurking just underneath the surface of our unstable democracy. the Local Government Academy can coordinate all other education and training agencies Professionalize the secretariats of the various leagues (barangay chairmen.141 According to Anamdo Doronila.Democratic Deficits in the Philippines: What is to be Done?  Develop an Integrated Master Plan for capacity building and training for Local governments at various levels.

Ramos justified his amnesty program. their promotions have been fasttracked partly as a result of the peace process. the military was deeply split.144 89 . the Ramos administration devised its own strategy for dealing with ―military rebels. However.) Victor Corpus. followed by massive civilian participation behind the mutinous faction. and the defection of military units to the rebel side. said a senior defense official. [Felipe] Miranda likened this to a tactic of balancing terror. Col. presented a set of recommendations to then President Fidel V. on the part of RAM.143 The Davide Commission. "tempers the retribution of the state against (rebels)." He also described it as "a tool for national reconciliation and empowerment.and opens the way for reintegration into the. both sides went to the negotiating table with organizational interests at heart: on the part of government." he said. who joined the communist movement but was accepted back. It did not even invite any of the commissioners to the peace negotiations with RAM. In 2003.‖ The Philippine Center for Investigative Journalism reports: But the Ramos government apparently deemed the recommendations inappropriate for its peace agenda. "Amnesty. "The basic rule there is you don't annihilate the enemy." he said. In the February 1986 coup. the Estrada administration collapsed after the AFP general staff pulled out its support. to cease hostilities. "lagged behind all his batch mates in promotion." he pointed out. tasked to investigate and present a report in relation to the 1989 coup attempt. the constitutionally mandated supremacy of civilian authority over the military has never been firmly established. For in truth." "Corpus. than let them out of the system and risk their involvement in criminal or rebel activities." Many who agree to this strategy insist it was the best choice under the circumstances. "(You) probably just have to exact penalties like what they have done to (Lt. It was better to put these soldiers under military control. Prof. erases culpability. After the signing of the pact. As a result of this benign type of military intervention Filipino-style. Ramos. for its members to return to the status quo.community.Democratic Deficits in the Philippines: What is to be Done? He also noted that the: Two regime changes in which the Armed Forces intervened (those of EDSA 1 in 1986 and EDSA 2 in 2001) were a porous mix of the participation by the military and civil society." Yet in the case of the RAM leaders.

145 Military officers have since entered the civilian bureaucracy occupying key positions in government. Journalist Glenda Gloria documented the presence of soldiers in post-EDSA governments and had these findings: …the appointment of officers in the civilian posts is reflective of the rent-seeking character of the country‘s influential sectors. newly appointed commissioner for the Caraga region of the Economic Intelligence and Investigation Bureau. or a law firm. which include the officer corps of the Armed Forces. Col. a group of university alumni. for so long as there are insurgencies and rebellions that make the nation dependent on its armed forces. Batac led troops in seizing TV stations during the 1989 coup. In various departments and agencies. and for so long as weak civilian institutions remain vulnerable to destabilizing forces. Some 1. Four others are working in the different line agencies of government.675 soldiers who had been previously charged have also returned to the military. This number excludes 55 military officers who remained in active service because they had not been formally charged in court. 90 .731 military officers and soldiers involved in the 1989 and 1987 coup attempts. now deputy director for logistics of the Philippine National Police. including four who have been promoted to general like Victor Batac. like former PC Lt. …the military‘s access to arms has affected the way administrations have treated it vis-à-vis appointment to government posts.Democratic Deficits in the Philippines: What is to be Done? A news report presenting an update on the careers the military officers and personnel involved in the 1989 coup attempt bears this: Almost all of them are back in service. Billy Bibit. the Ramos government granted unconditional amnesty to 3. this pattern of military appointments to the bureaucracy shall continue. then home to the military's T28 planes. A total of 153 military officers who had been jailed or charged for the 1989 coup have been reinstated. …………………………………………………………. according to military records. we see not only ― military dynasties‖ but also blocks and turfs controlled by various elite groups such as fraternity organizations. For so long as the military brokers political transitions. Following the peace agreement it signed in 1995 with the Rebolusyonaryong Alyansang Makabansa (RAM). while Turingan led the attack at Sangley Point in Cavite.

soldiers who figured in the nine coup attempts against former President Cory Aquino or were implicated in the assassinations of labor leader Rolando Olalia and Bayan leader Lean Alejandro were not only pardoned but were even reintegrated and promoted. Samuel P. Roland Simbulan.146 According to Prof. Soldiers of the Filipino 91 . including the once-independent judicial system. This was not a healthy direction for this institution which now began to look at itself as a sector that could compete for its sectoral interests in Philippine politics and society.Democratic Deficits in the Philippines: What is to be Done? Regimes will choose this path rather than risk an armed confrontation with their politicized soldiers. Military officers were assigned to manage civilian institutions in exchange for their loyalty to the dictatorship. This was also the case in officers involved in corruption and unexplained wealth who were left untouched. Misused to impose the Marcos dictatorship in 1972 that lasted for 14 years. the Harvard professor who wrote The Soldier and the State as well as other books on the role of the military in Third World countries. Since that time. But its image nevertheless was tarnished during the dictatorship as a hatchet institution for repressive dictatorship. Meanwhile. or as a liberator that turns the tide in political standoffs. and were given a free hand in coercing civilian agencies.147 Prof. The role of the military in political transitions has always put this institution in a crucial role as either the embodiment of the apparatus of repression. the Young Officers Union (YOU). there were many concessions given by the government to military rebels which do not augur well for Philippine democracy: Embroiled in a nationwide anti-insurgency war and a Muslim rebellion in the island of Mindanao since the late ‘60s. the military‘s foiled rebellion in 1986 is also what led to a people-power uprising that deposed that dictatorship. Simbulan further adds: Many officers who figured in tortures and disappearances and played god in summary executions as documented by Amnesty International were not only left unpunished but were even promoted. Huntington. coming from the ranks of its most elite units and most respected combat-tested field commanders. the Armed Forces of the Philippines has also been factionalized by enemies from within. suggests that the propensity for military intervention increases when government institutions are weak. the military has become—dangerously—a highly politicized institution. when strong political parties are absent and when a government‘s legitimacy is put into question. Military organizations or factions since the Reform the Armed Forces Movement (RAM).

While salaries of the PNP personnel have increased. As in the case of the courts.148 (For a brief history of the AFP and the PNP.) The Philippine National Police and Political Pressures Compensation scale in the PNP remains a major concern in relation to raising the morale of personnel in the force. based on length of service.151 The study elaborates: The local police receive resources from LGUs and are tasked to maintain peace and order within their jurisdiction. LGUs justify these contributions on the grounds that they rely on PNP officers to perform peace and order functions.152 92 .‖149 A study of the Asian Development Bank (ADB) explains that: More than 95% of the national government‘s appropriations for PNP are centrally managed. completion of training. They advance by promotion from within. see Annex K. examinations. A study of the ADB has shown that: Other factors—such as LGUs contributing resources to the local police and playing a recommendatory role in the recruitment of police officers. Candidates enter PNP on the recommendation of local authorities. and maintaining police–community relations) is allocated to the field offices.Democratic Deficits in the Philippines: What is to be Done? People (a spin-off of the Nationalist Army of the People of Marcos loyalists). may vary in amount from place to place. highly centralized administration is a source of inefficiency. and the Local Government Code authorizing LGUs to supervise the day-to-day operations of the police—make the police vulnerable to the control of local officials. are today a threat to the constitutional stability of a nonpartisan military. and a clean record with regard to complaints. Mandatory retirement is at age 56 years. and might not be documented in a transparent manner. a limitation that results in rapid turnover and lack of continuity in leadership positions. intelligence. the relatively low compensation scheme for PNP personnel remains an obstacle to attracting highly qualified candidates. including salaries for police in the field. and now the Magdalo. Less than one-fourth of amounts supporting police operations in the field (investigation.150 The increased role of local government units in relation to local police stations and to the PNP in general have made the PNP vulnerable to pressures and influence from local political leaders. It has been estimated that up to 60 percent ―of all police officers live below the poverty line and most live in squalid slums. curbing corruption and making it independent of political interests. The contributions may be in cash or in kind.

said it was issuing the reminder to further their moves to insulate the police from partisan politics. 93 . and LGU officials in relation to PNP. and all of which hold hearings. and governors and mayors have the authority to choose PNP provincial directors and chiefs of police. Such confusion is compounded by the fact that PNP officers may be subject to disciplinary proceedings before a number of agencies. all of which have their own sets of requirements and procedures. together with NAPOLCOM (the national commission to which the PNP reports in accordance with the Constitution) are placed under DILG. provincial. as explained in Section A. the voters. It is NAPOLCOM. and not DILG. At a conference in Camp Crame with regional. NAPOLCOM.3. the above mentioned conditions have brought about ―institutionalized politicization‖ of the PNP. and ballot boxes.153 Apparently. However. district. at the same time PNP field officers are under ―operational supervision and control‖ of city and municipal mayors.Democratic Deficits in the Philippines: What is to be Done? Other government agencies and institutions further add to the pressure: PNP is also adversely affected by unclear lines of authority. local. and city police directors. in a press release. this authority is suspended during the election period. there remains some confusion regarding the roles of DILG. PNP.f. the AFP is deputized to secure and protect the Board of Election Inspectors (BEI). Versoza said the local government‘s exercise of operational supervision and control over PNP units cannot be invoked 30 days immediately preceding and 30 days following national. Citing specifically Section 51 of RA 6975. if not eliminate the influence of local politicians on the PNP: Incumbent mayors and other elected local executives are not allowed to exercise control and supervision over police deployed in their respective areas all throughout the election period for the May 10 automated polls. measures are taken to minimize. Election season is a particularly sensitive situation for the PNP. which monitors PNP performance and serves as a forum for appeals from disciplinary actions. A Supreme Court decision on the matter notwithstanding. and barangay elections. PNP director-general Jesus A. Versoza explained that while Republic Act (RA) 6975 gives city and municipal chief executives the authority to ―employ and deploy‖ territorial police forces.. the polling precincts. In election hotspots. The Philippine National Police (PNP). The Commission on Elections (COMELEC) deputizes the PNP and the AFP for the orderly conduct of elections with the primary role of maintaining peace and order in the polling places.154 In the recent May 2010 elections.

peaceful.‖ Verzosa said. such as LP strongholds Cavite. it should focus on areas where the local police are likely to be used for partisan political purposes. "The same police (officer) got involved in partisan politics. The ICAP said the PNP should monitor the actions of the provincial directors to "ensure" that they will not be "beholden" to any political figure in their provinces. the local police forces shall be under the supervision and control of the Commission on Elections (Comelec). yung mga overstaying na dahil may kapit sa itaas. and orderly elections.155 Police chiefs were also reshuffled to derail any attempts by local politicians to use police personnel for political ends: A panel tasked to disband politicians‘ armed groups on Tuesday asked the Commission on Elections (Comelec) to allow the reshuffling of police chiefs to avoid tie-ups with local executives suspected of harboring private armies. Alaminos City and Capiz.Democratic Deficits in the Philippines: What is to be Done? He added that during this period. 156 But such efforts by the PNP were criticized by some quarters as being intended for the Arroyo administration‘s political ends: Senator Mar Roxas emphasized that if the DILG must reshuffle its local police directors. The ICAP likewise asked Melo to order Verzosa to transfer Porac." ICAP commissioner Herman Basbano told reporters after he submitted their request to the office of Melo. The Independent Commission Against Private Armies (ICAP) also known as the Zeñarosa Commission asked Comelec chairman Jose Melo in a letter to direct Philippine National Police (PNP) chief Director General Jesus Verzosa to immediately "rotate" their provincial directors in Region 9 during the election period. yung mga talagang kumakampi sa mga lokal na pulitiko. yung mga nagpapagamit sa pulitika (The provincial police 94 . The Liberal Party earlier decried the arbitrary replacement of local police directors in areas where the administration is perceived to be weak. ―This specific provision of the law guarantees that our policemen will not be utilized by local government executives in partisan political activity. favoring one mayoralty candidate in Pampanga. "Ang mga provincial police director na dapat tamaan ng rigodon. Pampanga municipal police chief Senior Superintendent Abel Lingat to a different police station during the election period. thus helping ensure honest.

those allowing themselves to be used in partisan politics).157 To further insulate the police force from partisan politics.040 armed members. Case intelligence build-up operations are now underway for the launching of appropriate police or legal actions against these groups." Roxas stressed. However.159 However. but also that they are afraid to be transferred or be placed in ―floating status‖ because the warlords‘ networks reach well within their organization. 95 . but continuous monitoring is ongoing to preclude all possibility that these groups will be employed for violent partisan activities related to the elections. PNP Director General Jesus Verzosa ordered all unit commanders who are set to retire from April 15 to June 30 to relinquish their posts. Verzosa said. although the warring political groups in the province could be narrowed down to two. the Philippine National Police (PNP) was monitoring seven private armies. Twenty-two (22) other PAGs have been monitored to be dormant or inactive.160 From within the ranks of the PNP. city and station levels. Verzosa clalrified that the memorandum was ―not mandatory but voluntary. Police officers who graduated from PMA hold important positions and ranks higher than their Philippine National Police Academy (PNPA) counterpart.Democratic Deficits in the Philippines: What is to be Done? directors who should be affected by the rigodon are those who are already overstaying because of connections upstairs. The order affected senior officers assigned as chiefs of police offices in the regional. there are widespread complaints about the so-called ―monopolized promotion system‖ allegedly controlled by police officials with the ―mistah mentality‖: …It was noted that juicy positions and questionable promotions were only delegated to the remaining 500 Philippine Military Academy (PMA) graduates. Sixty-six (66) active PAGs operating in 12 regions have been monitored to be undertaking legal and illegal activities that benefit a particular political interest. An account of a native of the province of Abra illustrates this: The last I heard. provincial. a remnant of post Philippine Constabulary-Integrated National Police (PC-INP) force dissolved in the 1990‘s after the enactment of the PNP Law. dealing with private armed groups has been complicated by the ties of such groups to the PNP structure itself. The PNP did not name names. I suspect not only that the silence of police officers has been bought.‖158 The PNP has been tasked to monitor private armies or Partisan Armed Groups: The PNP has monitored a total of 112 Partisan Armed Groups operating in the country with an estimated 4. those who obviously side with some local politicians.

Whoever is followed by these institutions (AFP and PNP). Lazaro and Christian S. especially where there may be sympathetic guards 96 . Administering a justice and rehabilitation program to military participants 2. 2010. by Republic Act No. The strengthening of security measures on those under detention. Not even former presidents. 6832. The following selected short-term recommendations of the Davide Commission are still relevant today in order to prevent or in dealing with actual coup attempts (See Annex L for details of the Selected Recommendations of the Davide Commission. Monsod.‖ he said. The Davide Commission was formed in December 1989 by Presidential Administrative Order (AO 146) and later. Davide. It will take determined political will to address this challenge by implementing the key recommendations contained in the Davide Commission and the Feliciano Commission reports which have not yet been implemented.161 The image of a politicized AFP and PNP can be summed up in a statement made by Senate President Juan Ponce Enrile before the May 2010 elections that: …it would be the AFP and the PNP that would choose the nation‘s transition leader in case President Arroyo‘s successor and those who are in the line of succession to the presidency are not proclaimed before June 30. Jr. ―Not even Ramos. in that order. that will insulate the PNP from partisan politics is also presented. with distinguished personalities from academe and the private sector as members: Carolina G.Democratic Deficits in the Philippines: What is to be Done? PNPA graduates claimed that they are not being treated equal by the PMA police officials. Enrile said not even former President Fidel Ramos and other former presidents can take charge if there is an election failure.):163 1. to conduct a thorough fact-finding investigation of the failed coup d‘etat of December 1989 and to recommend measures that would prevent the occurrence of similar attempts in the future. Hernandez. Ricardo J. Under the Constitution. and to follow-through on those that have been implemented. Senate president and Speaker of the House of Representatives. Romulo.162 What is to be done? The challenge to remove political pressure from the AFP and the PNP appears to be a simple problem but has become a deeply ingrained one. those who can succeed the president are the vice president. It was headed by Hilario G. Inc. They had raised the issue many times but nothing comes out of it. that will be the one to run the country. The somewhat ―radical‖ recommendation previously proposed by CPRM Consultants. Delfin L.

): 1. the following recommendations for the long-term made to then President Fidel V. 11.. The provision of sufficient resources and support to the Deputy Ombudsman for the Military. 97 . a crackdown by the military on some "big fish" corrupt officers. The immediate implementation of a comprehensive program to provide timely rescue and medical assistance to troops wounded in combat 5. and compulsory attendance at military command schools. especially those before the Commission on Appointments. 8. intelligence. 6. i. The purchase or charter by Congress of its own transportation facilities and prohibition on their use of military equipment and aircraft. and training functions. The immediate removal or reassignment of officers of less than 100 percent loyalty from sensitive positions in the military hierarchy. The institutionalization of necessary improvements in the military in the areas of promotion and assignments. The observance of a systematic selection process for the new Chief of Staff that generates the least controversy about the choice.Democratic Deficits in the Philippines: What is to be Done? 3. 10. An immediate audit of the value formation program of the military and. 12. Just as in the civilian government. The expansion of the government‘s information program which has considerably and commendably improved since December 1989. Speedy and firm disciplinary action and/or prosecution against members of the military involved in human rights violations as well as of civilian law enforcement personnel involved in victimizing military personnel. educational benefits abroad. and the training of field commanders to carry it out. Ramos are still relevant (See Annex L for details of the Selected Recommendations of the Davide Commission. logistics. 14. operations. with the help of civilian experts. the formulation of an intensive program (essentially constructive indoctrination). In addition. 9. 7.e. purchasing and auditing. The immediate disbandment of organizations not authorized by the military. Speedy action on appeals over decisions of AFP courts-martial 4. 13. with more participation by local government officials. An immediate stop to unfair and/or humiliating treatment and criticism of military officers by Congress and other public officials.

Return the soldiers‘ RSBS contributions 3. The RSBS Problem 1. Hernandez. Commodore Rex C. We propose that the above two recommendation may also be applied similarly to the PNP.Democratic Deficits in the Philippines: What is to be Done? 2. Initiate an AFP Service and Insurance System B. Joaquin G. Simplify AFP procurement procedures 2. The commission was composed of Florentino P. G. Reyes as Vice Chairman. Set tenure limits for AFP finance and procurement officers 6. and Capt. Minerva P. geographic distribution of hospitals should be reviewed. S. Establish an autonomous Internal Affairs office (IAO) C. The Feliciano Commission completed its work on the 2003 Oakwood mutiny on October 17. 98 . Modernizing the AFP: Funding and Consequential Problems Reinforce the Office of the Ombudsman by increasing funding and other support D. Liquidate present RSBS in an orderly manner 2. Strictly implement control measures over supplies 5.):164 A. Consolidating existing hospitals into fewer units could probably result in better medical services. AFP (Ret. and the following as members: Carolina G. The State of the AFP Medical Services On the financial side. Feliciano as Chairman.. Robles. Bernas. On the management side. Roland A. 2003. Control commanders‘ discretionary powers over the CMF 3. It made the following recommendations which are still relevant today and may be implemented in the medium-term (See Annex M for Selected Recommendations of the Feliciano Commission.).J. in accordance with the original statutory intent.. The AFP Procurement System: Conversion and Other Problems 1. Narciso. The President and the Commission on Appointments must work out a system by which recommendations for promotions can be categorized in practice to avoid the exploitation of the confirmation process for political purposes. part of the funding of the AFP Modernization Program generated from the sale of Fort Bonifacio land should be dedicated to the modernization and upgrading of medical services. Reduce the amount of CMF in GHQ/service HQ hands 4.

if not totally eliminated. reintegrating authority to the PNP Chief to recruit. computerized information systems are called for. (3) The number of privately owned quarters in all military bases should be reduced. we support the following recommendation of CPRM Consultants. A government counterpart to the premium paid by soldiers to PHILHEALTH insurance should enhance the benefits which the military can receive. G. needs no documentation. Inc.Democratic Deficits in the Philippines: What is to be Done? The suggestion that doctors be hired as doctors and compensated according to their level of expertise and experience and not according to rank. The close relationship between the prompt availability of adequate medical services when needed by troops engaged in encounters with hostile forces. after realization thereof. What is needed is. Finally. probably merits consideration and trial and validation. (2) The ―overstaying‖ of retired military personnel in AFP housing should be stopped and rectified. appoint and promote and discipline the police force without prejudice to an appropriate civilian review system. The Inadequacies of AFP Housing for Officers and Enlisted Personnel (1) The AFP budget should provide for increased allocation of funds for the AFP On-Base Housing Program as well as its Off-Base Housing Program. The data should not only be accurate and up to date but also immediately accessible. Clearly. removing LGU authority over the internal administration of the police force…165 99 . and (4) Strict implementation of existing criteria for the awarding of government quarters to officers and enlisted personnel in the active service must be ensured. E.: Removing negotiable and highly discretionary support from LGUs. dedication of more efforts and funds to the improvement of the AFP medical services. and the fighting efficiency and morale of such troops. The Problem of Benefits for Soldiers Killed in Action …What is needed is the strengthening of the record system of the personal data of soldiers and their dependents.

and training functions Disband organizations not authorized by the military Observe a systematic selection process for the new Chief of Staff that generates the least controversy about the choice Crackdown by the military on some "big fish" corrupt officers Stop unfair and/or humiliating treatment and criticism of military officers by Congress and other public officials. educational benefits abroad.. and compulsory attendance at military command schools (similar improvements may be done for the PNP) Work out a system between the President and the Commission on Appointments by which recommendations for promotions for the AFP can be categorized in practice to avoid the exploitation of the confirmation process for political purposes (this may also be applied to the PNP) o o o o o o o o o  Implement the relevant key recommendations of the Feliciano Commission report o Liquidate the AFP Retirement and Separation Benefit System in an orderly manner and return the soldiers‘ contributions o Establish an AFP Service and Insurance System 100 .Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?”  Implement the key recommendations contained in the Davide Commission report in order to prevent or when dealing with coup attempts when they happen. among others: o o o o o Administer a justice and rehabilitation program to military participants Strengthen security measures on those under detention Carry out speedy action on appeals over decision on AFP courts-martial Implement a comprehensive program to provide timely rescue and medical assistance to troops wounded in combat Remove or reassign officers of less than 100 percent loyalty from sensitive positions in the military hierarchy. intelligence.e. operations. logistics. i. purchasing and auditing. especially those before the Commission on Appointments Conduct of speedy and firm disciplinary action and/or prosecution against members of the military involved in human rights violations as well as of civilian law enforcement personnel involved in victimizing military personnel Encourage the purchase or charter by Congress of its own transportation facilities and prohibition on the use of military equipment and aircraft Provision of sufficient resources and support to the Deputy Ombudsman for the Military Institutionalize necessary improvements in the military in the areas of promotion and assignments.

appoint and promote and discipline the police force without prejudice to an appropriate civilian review system.Democratic Deficits in the Philippines: What is to be Done? o Simplify AFP procurement procedures o Strike a balance between the commanders‘ discretionary powers over the centrally managed funds (CMF) and the amount of CMF in GHQ/service HQ hands o Strictly implement control measures over supplies o Set tenure limits for AFP finance and procurement officers o Establish an autonomous Internal Affairs office (IAO) o Reinforce the Office of the Ombudsman by increasing funding and other support o Improve the state of AFP medical services:  Ensure that part of the funding of the AFP Modernization Program should be dedicated to modernize and upgrade medical services  Review the geographic distribution of hospitals  Study the scheme of hiring of doctors as doctors and compensating them according to their level of expertise and experience and not according to rank o Implement full computerization of data on soldiers and their dependents to facilitate processing of death benefits and other benefits o Provide for increased allocation of funds for the AFP On-Base Housing Program as well as its Off-Base Housing Program o Ensure the strict implementation of existing criteria for the awarding of government quarters to officers and enlisted personnel in the active service  Remove negotiable and highly discretionary support from LGUs. and remove LGU authority over the internal administration of the police force 101 . reintegrate authority to the PNP Chief to recruit.

Moreover. the fact remains that they are still way below international standards. World Bank notes that developing countries spend 20 percent of its national outlay on education.Democratic Deficits in the Philippines: What is to be Done? III. Education System State of Philippine Education Pointing to a few improved figures in recent years.846. a serious sign that Philippine education is lagging behind. the Arroyo administration claimed that progress has been made in education. The following facts and figures depict the state of the Philippine education system:  The government allocates only about 12 percent of its national budget to education. there is still a shortage of 27. Thailand 22.700 per student. The average student-to-classroom ratios in neighboring countries are as follows: Malaysia 31. UNESCO estimates that 6 percent of a country‘s GDP should be allotted to education. Thailand spends an equivalent of PhP47.171      102 . in this age of global competitiveness.200 and Japan PhP293. SOCIAL AND ECONOMIC SYSTEMS This chapter will present the democratic deficits in the social and economic systems of the country. And that the figures pale in comparison to those of other nations is. health.354. It shall include the areas of education. chairs and desks and other educational materials for the large public school population.6:1 and India 40:1.167 The budget for every student is only PhP6.440.53 percent of the Gross Domestic Product (GDP) is set aside for education.124 classrooms. these few improved figures are quite outnumbered by the mostly poor marks that the Philippines obtained in many education areas. environment.166 Only 2. population and publicprivate sector partnership.168 The ideal student-to-classroom ratio being used by the Department of Education (DepED) is 45:1.7:1. A.9:1. textbooks. Malaysia PhP56.170 Year after year. Japan 28. the education system is mired in the lack of teachers. computers. United States PhP123. three years after the government began its classroom-building program.169 In 2009. Although some performance indicators may have increased in absolute terms.

only 7 mastered all minimum competencies for elementary level. there are only 8 municipal secondary schools. 52 percent have not mastered Math. or with least educated parents.800 children of primary school age who were not enrolled. Access of 3-5 year-old children to early childhood education remains at a low 34 percent. 84 percent can read. 65 percent can read.174 Students spend only 10 years in primary and secondary school. For every 40 village primary schools.177 Among high school graduates. compute and comprehend.181 1/5 of poor families have children 7-14 years old who never attended school or dropped out early compared to only 1/10 of non-poor families.Democratic Deficits in the Philippines: What is to be Done?   Double or sometimes even triple-shifting of classes in public schools has been adopted to address the classroom shortage. There are not enough public secondary schools to take in the large number of elementary graduates. or from rural areas. UNESCO reported in 2009 that there were 1.173 Many young children do not undergo preschool education due to lack of access and low importance given to early childhood education.16 million or 16 percent of the population are functionally illiterate: 98 percent of unschooled. compute but not comprehend.180 More children who do not finish school or fail targeted competencies are boys.172 There are over a million out-of-primary-school children. only 6 have access to preschool education. only 41 percent are high school graduates or higher. The Philippines and Mongolia are the only remaining countries worldwide where students spend less than 12 years in primary and secondary education. 44 percent have not mastered English.002. Of the 65 who finish elementary.175 For every 100 children who enter Grade 1.179 9. 29 percent of elementary graduates are illiterate youths and adults. write. only 42 will graduate from high school. or from poorest regions. Almost two decades after making a commitment to the Education for All (EFA) initiative. 35 percent of elementary drop-outs.176 Of 638 elementary graduates. For every ten 5-year-old children.182           103 . only 65 will move on to high school. from poorest families. 89 percent can only read and write. and 74 percent have not mastered Science competencies. write.178 Among the 10-64 year-old population.

Universal School Participation and Elimination of Dropouts and Repetition in First Three Grades: All children aged six should enter school ready to learn and prepared to achieve the required competencies from Grades 1 to 3 instruction. The Basic Education Sector Reform Agenda. Toward this. and all children aged twelve to 104 . in Filipino or in English. more commonly known as BESRA was drafted in 2006. BESRA sets the following objectives which we support:186 1. the education system should be in a much better position than it is now.184 (See Annex N for a detailed discussion of the Major Issues and Challenges in the Philippine Education System. 2. regardless of their levels of schooling should acquire the essential competence to be considered functionally literate in their native tongue. Universal Completion of the Full Cycle of Basic Education Schooling with Satisfactory Achievement Levels by All at Every Grade or Year: All children aged six to eleven should be on track to completing elementary schooling with satisfactory achievement levels at every grade. BESRA seeks to create an education system that is capable of attaining the EFA goals by 2015. A UN report noted that ―the absence of political leadership in the country contributed to the deterioration of education…. Universal Coverage of Out-of-School Youths and Adults in the Provision of Basic Learning Needs: All persons beyond school-age. says otherwise. as well as intensive research.Democratic Deficits in the Philippines: What is to be Done?   25 years old or more adults who are poor have 3 years less schooling than non-poor counterparts. education has continually been given top priority and great efforts have been put out to improve the system. A product of in-depth discussions and consultations among stakeholders and interest groups. 3.) What is to be done? Much of the problems besetting the Philippine education system have been attributed to lack of funding.183 The DepED‘s present mantra of school-based management (SBM) is contradicted by its highly-centralized structure. It proves that with the kind of resources the country has. But the fact that countries such as Tanzania and Zambia. This section presents the suggested measures that have been advanced. whose income is only a fourth of that of the Philippines are doing better.‖185 Various groups have in fact come up with several recommendations to improve the education system. The government in turn has maintained that despite scarce resources.

Strengthening higher education. Total Community Commitment to Attainment of Basic Education Competencies for All: Every community should mobilize all its social. and private sector participation. KRT 3: Increase social support to attainment of desired learning outcomes. cultural. EDUCATION NATION. 5. Empowering teachers. In order for the basic education sector to achieve the above listed desired educational outcomes for all Filipinos. Promoting academic excellence by developing globally benchmarked standards of excellence. 7. a coalition of education experts and concerned citizens has come up with the ―10-Point Education Reform Agenda‖ which offers the following ―10 doable things‖ envisioned to reform the education system:187 1. Enhancing basic education by adding two more years to it. 4. KRT 4: Improve impact on outcomes from complementary early childhood education. and KRT 5: Change institutional culture of DepED to better support these key reform thrusts. 6. 105 . political. 3. 4. and economic resources and capabilities to support the universal attainment of basic education competencies in Filipino and English. Ensuring universal access to education. the BESRA focuses on specific policy actions within five key reform thrusts (KRT) as follows: KRT 1: Get all schools to continuously improve. Developing community ownership of schools. Increasing the education budget to 4 percent of the gross national product to make it at par with other countries. alternative learning systems.Democratic Deficits in the Philippines: What is to be Done? fifteen should be on track to completing secondary schooling with similarly satisfactory achievement levels at every year. KRT 2: Enable teachers to further enhance their contribution to learning outcomes. 2.

Upgrading the competence of elementary and secondary school teachers by revising their bachelor‘s education and reversing it from one consisting of two-thirds teaching methodology and one-third content to two-thirds content and one-third methodology. student-teacher ratios. faculty competence and educational resources. Supporting private education. 7. provided they meet certain criteria of qualifications and performance. Dr. Raising the budget for education to at least 20 percent of the national budget and 4. Adopting a ―National Master Plan for Public Higher Education. regional. Upgrading all curricula at all levels and in all major to world-class standards in terms of subject requirements. Upgrading at least one selected university department in every academic discipline into an honest-to-goodness. 5. computers. Building transparency and accountability. 9. Internet access. Integrating the Commission on Higher Education (CHEd) and the Technical Education and Skills Development Authority (Tesda) into the Department of Education to ensure unity of educational policies. a professor from the Technology Management Center of the University of the Philippines suggested that the 10-Point Education Agenda be amended to include the following which we support:188 1. 6. 4. Increasing the length of pre-university education from 10 to 13 years by adding a compulsory kindergarten and a two-year senior high school.‖ similar to the California master Plan. Roger Posadas. and doubling those of faculty at state universities and colleges. in order to establish a rational system of national. Ensuring conformity by public and private schools at the basic levels to at least the Thai and Malaysian standards in terms of teacher competence. Maximizing alternative learning.Democratic Deficits in the Philippines: What is to be Done? 8. 2.5 percent of GDP to make it comparable to those of Malaysia and Thailand. classroom facilities. 3. provincial and municipal/ city universities and colleges. Trebling the salaries of public school teachers at the basic education level. 8. 10. world-class national center of 106 . etc. 9.

10. 12. Change from “structure before strategy” to “strategy driving structure” The start of governance must be clear outcomes and goals. The practice of a single division staffing pattern prescribed by the Department of Budget and Management should be thrown out. Instituting entrepreneurship courses in all tertiary degree programs in order to reorient students from an employment focus to an entrepreneurial mind-set. 11. there should be no extra-large divisions in the country. Overhauling the system of commissioning reviewing and publishing textbooks to avoid the printing and distribution of erroneous books. former DepED Undersecretary Miguel Luis Luz made the following recommendations which we support:189 1. Upgrading the training of technicians to world-class standards and developing an educational career path for technicians similar to the German system. Focus on Education for All goals as the means to keeping policy on track despite frequent changes in leadership. unwieldy. and therefore unmanageable as far as quality results are concerned.Democratic Deficits in the Philippines: What is to be Done? excellence in terms of research and teaching facilities. All 107 . DepED has to learn to apply different strategies for different schooling contexts. These strategies would differ given different realities as in the following: (1) School divisions  Small divisions (under 50 public elementary and secondary schools)  Medium-size divisions (from 51 to 250 public elementary and secondary schools)  Large divisions (from 251 to 750 public elementary and secondary schools)  Extra-large divisions (over 750 public elementary and secondary schools) The staffing and organizational pattern of school divisions should vary depending on size. DepED would be wise not to prescribe a single structure for all cases. At the same time. doctoral programs. As an organization of highly dispersed parts. To address governance issues in the education system. These are simply too large. research productivity. etc. All the indicators show that these are poor performing divisions because Management cannot devote enough time or resources to improve on such situations. The education system must break away from the current government practice of ―one-size-fits all‖.

(2) Schools Elementary level  Large urban central school  Small urban primary school (incomplete elementary)  Small urban school (complete elementary)  Large rural central school  Small rural primary school (incomplete elementary)  Small rural school (complete elementary)  Multi-grade rural school (complete)  Multi-grade rural school (incomplete)  Madaris school (for Muslim Filipino children)  Alternative learning center (for children not able to attend regular schools) Secondary level  Large urban school  Small urban school  HS annex of a mother school  Large rural school  Small rural school  Science high school  Technical high school There are as many variants as there are community situations. To prescribe a single schooling arrangement and even a single curriculum is to assume that all school settings are equal and similar. more manageable school sizes will result in better performance overall measured in EFA terms. at the minimum. This entails a faculty of no more than 63-65 teachers. where these are ready. this would mean around 30 teachers for a maximum size school. it is a recommendation that no high school should have more than 2000 students. Thus. elementary schools should be limited in size to no more than 1200 pupils for the six-grade cycle. a greater role for local school boards and school governing councils. The Department must be more flexible in allowing for local schools to be differently organized and managed. At average class sizes of 40.Democratic Deficits in the Philippines: What is to be Done? extra-large divisions should be split up into two large divisions. By the same token. In terms of school size. 108 . A school with a larger teaching complement will have difficulty in terms of management of results given a single principal. Smaller.

Once recognized as a ―principal‖. should be professionally-regulated. II and III) Master Principal (for rank IV and a new rank. this DBM rule favors mediocrity. Entry to the Master principal rank (Principal IV and V) would be through an advanced licensure exam similar to the second-level examinations given by the PRC (as in the case for master engineers). (4) Geographic and sociological considerations Language and culture are important attributes of geographic areas. Principal positions. This runs counter to the global experience that smaller schools perform better in all indicators. This would remove the bias by ambitious principals to aspire for large urban central schools and provide small rural schools with the opportunity for qualified principals. Under the current DBM rules. 109 . DepED should continue to support this as well as the promotion of local history as a way to keep local children and their parents engaged in formal schooling. II and III would be subject to a PRC examination that would ensure managerial and pedagogic standards. Madrasah schools for the former and alternative learning centers for the latter should be consciously and progressively pursued by DepED. like teacher positions. albeit unknowingly or unwittingly. The ―mother tongue‖ policy of DepED should be encouraged and promoted at the lower elementary levels as the way by which children learn the basics. Principal IV rank (the highest in the service) requires large school sizes and a faculty that may run up to 100 teachers. Even small schools could be run by master principals. Other geographic area considerations include: schooling for nomadic or wandering communities and different academic schedules/calendars for farm-based communities. A PRC190 rating could be introduced at two levels:   Principal (for ranks I. V) Under this proposal. Principal rank would not be linked to school size. movement from ranks I to III would be based on performance and merit. This is particularly important for Muslim Filipino children and those of indigenous people (IP). entry into the rank of Principal I.Democratic Deficits in the Philippines: What is to be Done? (3) School heads There is need to de-link principal rank from school size. As such.

For a poor or under-performing teacher. this is an incentive. Consistent with the drive for accountability. standards. From budgeting without accountability to outcome-based budgeting A multi-year budget for education will allow for inputs to be matched up against outputs from previous spending. of all government agencies including DepED. the Department together with DBM and the Development Budget Coordinating Committee of NEDA can lay out multi-year budget ceilings to guide planning. the system is stuck with that individual for an average of over 30 years. For DepED. both budgetary and performance. Focus on standards not standard operating procedures Short term leadership and planning horizons tend to focus on the immediate. this means procedures and inputs as opposed to outputs. Multi-year budgeting will also allow for DepED to lay out a trajectory towards realizing Education for All targets with a spending plan that is realistic and can be planned and programmed. For a good teacher.Democratic Deficits in the Philippines: What is to be Done? 2. This becomes a long-term system problem. 4. But these reforms are necessary if the system is to be assured that once hired. the DBM has a new framework—Organizational Performance Indicators Framework (OPIF)—which lays out the annual targets. From “security of tenure” to merit-based performance evaluation and rewards Civil service rules provide that a government worker (i. with security of tenure starting from the date of hiring.e. a teacher will be an asset rather than a liability in the system. The Magna Carta for Teachers enacted into law in 1966 provides all teachers. this can be shifted to outcomes and by extension. A simple proposal requiring an amendment of law would be to provide for a oneyear probationary period for newly-hired teachers to determine whether or not they possess the qualities of a good teacher worthy of being retained in the system. a teacher or administrator) has security of tenure once hired. While DepED budgets will continue to be approved annually by Congress. good or bad. With multi-year budgeting. 3. however. Safeguards would have to be introduced to ensure that corruption in teacher hiring is not repeated twice as far as the individual teacher is concerned. Focusing on standards will have two effects on governance in DepED: 110 .

decisions on schooling and education matters at the local and national levels should be based on policy considerations and community demand and not on politics. if not election duty overall. political interest in the hiring of teachers. There is also a growing consensus among educators that at least two years of education— one year for basic education and one year for high school—should be added. The governance structure of the Philippine education system is still a long way from this reality.Democratic Deficits in the Philippines: What is to be Done? One. 111 . supervisors. teachers will be relieved of having to manually count votes. principals. In order to do this. it will shift the center of gravity from central office to a collaboration between central office and the field (particularly school divisions). with some amendments. national or local. the national government must be serious about modernizing the election system through automated voting. The recent pattern of politicians alternating with academicians as secretaries of education reflects this reality. it will downplay the importance of short-term leadership and highlight longer-term outcomes as the focus of attention of the bureaucracy. Focus on policy not politics The Department of Education is a plum political post.192 The premise is that more time spent by the student in school with emphasis on effort and hard work will lead to higher educational achievement. Considering the ethnic diversity of the Philippines. But if stakeholders in the system do not begin to start articulating that such politics undermines the quality of education and schooling in the country. Once this onerous task is removed from teachers.191 The Adopt-a-School Program of the DepED must be widely promoted among the private sector and focus on feeding programs and financial assistance that will address the problem of poor families not having enough means to send their children to school. 5. And this will continue to be the reality for as long as teachers remain in charge of election counting. then no change for good will occur. Once eliminated. Teachers can continue to man the individual election precincts and schools can still be used as polling stations provided their duties end with the closing of precincts and voting. Two. superintendents and even regional directors should be minimized if not eliminated altogether. The long-term and permanent solution to this situation is to take teachers out of election counting. There is a need to fully implement the BESRA. With automated voting. there is a need to institutionalize a Mother Tongue-Based Multilingual Education in the basic education sector.

with the lack of public school classrooms in some areas in the Philippines. there is a need to regulate the entry of foreign education institutions into the country in order to set standards for higher education. we support the recommendation of several educators and experts that instead of adding more and more state universities and colleges.‖194 In reality. However. high schools and HEIs so that learning is cumulatively linked and synchronized through the various levels of schooling.‖ explains ―You have the time to learn everything that needs to be learned—and you have less time to unlearn it.196 In relation to this. there is a need to formulate a new official typology of HEIs that may consist of the following: junior or community colleges. Alternatively. as well as the number of school hours per day. Another growing consensus among educators is that high schools must be able to produce college-ready graduates.195 As to higher education. Certain universities and colleges or other knowledge centers outside the universities must be able to specialize in research and development or specific fields of professional endeavor based on inputs from business and industry. China has 221 days. graduate institutions. 203 to 205 school or instructional days are required per school year which appears to be sufficient when compared to other countries like the United States which has 180 days. in his book ―Outliers: The Story of Success. and in turn. undergraduate universities.197 We hope that all these concerns will be discussed in the agenda of the strengthened Literacy Coordinating Council (See Annex P for complete text of the Act Strengthening the Literacy Coordinating Council or RA 10122. vocational/technical/trade schools or institutes. Thus. Japan reportedly has 243 school days. The learning process is further interrupted by typhoons that lead to school day cancellations. and research universities. the number of school days per year.) As of 2009. In the Philippines. may be increased. However.Democratic Deficits in the Philippines: What is to be Done? We also recommend increasing the number of school days per school year and providing the full school hours per school day for each student. the quality of education in the existing ones should be improved. Higher Education Institutions (HEIs) must be able to produce work-ready graduates.193 Malcolm Gladwell. and Australia which has 196 days. Japan has 223 days and South Korea has 225 days as of 2003. (See Annex O for Trends in International Mathematics and Science Study [TIMSS] comparison of instructional days in selected countries as of 2003. particularly in the elementary and high school levels. there must be a feedback system between and among the curricula of elementary schools. some schools implement 2-3 class shifts per school day which results in decreased number of school hours per day for the student.) 112 . although make-up classes are supposedly required for the student to catch up with the lesson plan. Industry should be actively involved.

Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?”  Increase budget for education and change existing budget policies o Increase the budget for education to make it at par with other countries (20 percent of the national budget or 4-4. in order to address the problem of poor families not being able to send their children to school o Ensure universal school participation and eliminate/ reduce dropouts and repeaters o Add two more years to basic education (one additional year for elementary and one additional year for high school) or alternatively lengthen the number of school days and school hours. Improve governance of the public school system o Change from ―structure before strategy‖ to ―strategy driving structure‖ o Focus on standards not standard operating procedures o Provide policy continuity o Focus on policy not politics o Break away from current practice of ―one-size-fits-all‖. provincial and municipal/city universities and colleges and the regulation of the entry of foreign education institutions o Upgrade one selected university department in every academic discipline into an honest-to-goodness world-class national center of excellence o Integrate entrepreneurship courses in all tertiary degree programs to reorient students from an employment focus to an entrepreneurial mind-set.    113 . focusing on feeding programs and financial assistance.5 percent of the GDP) o From budgeting without accountability to outcome-based budgeting o From annual budgeting to multi-year budgeting. regional. prescribing a single structure for all cases o Build transparency and accountability Enhance basic education o Fully implement the Basic Education Sector Reform Agenda (BESRA) with some amendments. allowing for a spending plan that is realistic and can be planned and programmed. including mother tongue-based multi-lingual education in appropriate areas in the Philippines o Promote the Adopt-a-School Program of the DepED among the private sector. thereby shortening summer vacation o Promote academic excellence by developing globally benchmarked standards of excellence Enhance higher education o Adopt a national master plan in order to establish a new typology of HEIs and a rational system of national.

and children. Though a number of programs have been launched to address health issues and concerns. elderly. the Philippines continues to struggle with many health issues. (See Annex for a detailed discussion of RP Millennium Development Goals on Health. There shall be priority for the needs of the under-privileged sick. Based on current trends. health and other social services available to all the people at affordable cost. Disparities in Access to and Use of Health Care Section 11 of Article XIII of the 1987 Philippine Constitution states that: The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods. The State shall endeavor to provide free medical care to paupers.Democratic Deficits in the Philippines: What is to be Done?  Develop quality of teachers o Revise bachelor‘s education reversing it from 2/3 teaching methodology and 1/3 content to 2/3 content and 1/3 methodology o From ―security of tenure‖ to merit-based performance evaluation and rewards o Treble the salaries of public school teachers at the basic education level. including specializations B. the Philippines is under pressure to achieve its Millennium Development Goals on Health. the poor health outcomes show that there is a need for improvement in the system. women. provided they meet certain criteria of qualifications and performance Increase participation of stakeholders o Develop community ownership of schools o Get parents to be more involved Enhance managerial skills of DepED Administrators and School heads and enable them to address local situations and poor outcomes Synchronize the curricula between and among basic education and higher education sectors in order to produce college-ready and work-ready graduates Halt the designation of additional universities and improve the quality of education in existing and universities and colleges.) The arduous effort to achieve these goals is affected by various issues in the health sector presented in this chapter. and double those of faculty at state universities. Health Like any other third-world country. disabled.     114 .

198 Table 8 Conventional Health Status Indicators Rich Urban Communities versus Poor Rural Communities Rich Urban Communities Over 80 years Less than 10 Less than 15 Poor Rural Communities Under 60 years Over 90 Over 150 Life Expectancy at Birth Infant and Child Mortality Maternal Mortality Ratio A group of professors and experts. and Dr. of public financing for health. former Chancellor of UP Manila. Ernesto Domingo. the disparities in access to and use of health care in the Philippines are the result of the following deficiencies:199  Basic health services as well as tertiary care for the majority of Filipinos are inadequate.    115 . however. have put together the ―Blueprint for Universal Health Care 2010-2015 and Beyond. Disaggregating health status indicators according to income and geographic location. led by Dr.‖ According to the document. so gross as to constitute a default. Human resources for health are insufficiently educated. reveal that there are significant differences in health status. At least in part due to this.Democratic Deficits in the Philippines: What is to be Done? Health is a basic human right guaranteed by the constitution. Much of this commercial dominance of our health care system is the result of a failure. inefficient. Alberto Romualdez. inappropriately trained. The Philippines‘ health sector is dominated by commercial interests of a segment of the system that is not really about health outcomes but is primarily about bottom-line profits. former Dean of the UP College of Medicine and former Secretary of Health. local governments and our national social health insurance program has been so low and so weak that it has driven our health system into a debilitating dependence on out-of-pocket payments by patients. The combined weight of the uncoordinated spending for health by the national government. and incomplete. Table 8 presents the disparities in health outcomes among groups. fragmented. for lowest income groups these services are largely inaccessible and unaffordable. These gaps are attributed to inequities in access to and use of health care. and poorly motivated to address the health care concerns of most Filipinos in the setting in which they live. As a result. poorly compensated government health workers are unable to influence behaviors of their high earning private sector counterparts within the change-resistant environments of their respective professional organizations.

deaf-mutism. Public Spending on Health Public spending on health is so low that it has resulted in an over-dependence on out-of-pocket expenses. This translates to 4 million children who are undernourished. In addition. owing largely to reductions in national government spending with minimal growth in local government spending. difficulty in standing or walking normally. this nutrition gain is considered to be at risk unless proper measures are put into place. Vitamin A Deficiency (VAD) – Lack of vitamin A that may result to xeropthalmia (dryness of the eye). 2. 3.915). Iodine deficiency Disorders (IDD) – Lack of iodine in the body which results in goiter. Based on reports in the early 1990s. The ―Blueprint for Universal Health Care 2010-2015 and Beyond‖ is made up of health reform strategies to address the following issues and challenges that they identified:202 1. mental retardation. nightblindness (inability to see in dim light) eyes sensitive to bright light. the richest groups are spending more (average of P 23. low body resistance to disease. 30 to 40 percent of the same age group was undernourished. and stunting of the limbs. the share of social health insurance 116 . is already an improvement. Although total health care spending in the country amounted to close to P 200 B in 2005. When compared across income groups. Iron Deficiency Anemia (IDA) – A deficiency in iron wherein hemoglobin concentration is below the normal level which results in short attention span.200 The most common malnutrition problems in the country are:201 1.815) compared to the poorest (average of P 1. more than half of this is accounted for by out-of-pocket spending which is highly regressive for the poor. who do not have pockets to begin with. rough dry skin and membranes of nose and throat . and blindness in severe cases. 4. This high figure however. poor growth.Democratic Deficits in the Philippines: What is to be Done? Malnutrition Twenty-five (25) percent of Filipino children under ten years old are underweight or stunted. reduced ability to learn and irritability. This has penalized the poorer majority of the population. In real terms. But. over-all government spending in health has been decreasing. with the rising food prices and incidence of poverty in the country. Protein-Energy Malnutrition (PEM) – A lack of energy and protein which results in growth retardation. telling signs of nutrition problems.

Pricing and marketing of pharmaceuticals and other health care products have distorted national expenditures on these items in such a way that essential. Health Regulations (including regulation of pharmaceuticals and other health care goods) The system for health regulations has been chronically weak. the investment climate for developing the industrial production of health products and supplies is uncertain. For example. It suffers from regulatory capture being primarily driven by the interests of the enterprises trading in health care goods. fragmented. 60% of Filipinos who die do so without the benefit of health professional attention. ineffective and has not been used as an effective policy instrument. At the policy level. 3. and incomplete. The Philippines‘ health human resource problems are the result of its dysfunctional health workforce structure. nurses and other health workers. 117 . discontinuities between levels of care. life-saving goods are either too expensive or absent from the market while items of dubious value dominate trade and commerce. Organization of Health Services (basic/secondary/tertiary services) Health services at all levels for the majority of Filipinos are inadequate. inefficient. Moreover. This fragmented system has to contend with a population that has doubled since the 1980s while total resources allocated for health have not kept pace with this rapid population growth. The output of a workforce production system that is de-linked from the actual needs of the Philippine system are health providers for whom service is a lower priority than personal professional advancement. over-specialization. a country that produces some of the world‘s best doctors. 2. As a result. As a result. a commercial market philosophy pervades all programs of teaching and training institutions—including the best of government-supported agencies such as the University of the Philippines Manila.Democratic Deficits in the Philippines: What is to be Done? spending remains at a dismal 11% of total health expenditure more than 14 years after the establishment of PhilHealth. fragmentation is a main feature of the Philippine health care delivery system from several perspectives: public/private segregation. 4. Human Resources for Health In the Philippines. there is no local pharmaceutical industry that can address the need for affordable medicines for the Filipinos. as well as geographic disparities in quality and quantity of services. For many in the lowest income groups these services are also inaccessible and unaffordable. there is no evident effort to coordinate workforce production with real health needs.

Hospital reforms – Provide fiscal and managerial autonomy to government hospitals. In fact. The functions of Centers for Health Development and the role of DOH in local health service development remains unclear and unfocused. which involves improving the way hospitals are governed and financed so that quality of care is improved.Local health systems development – Promote the development of local health systems where networking among municipal and provincial health facilities are functional and sustained by cooperation and cost sharing among local government units (LGUs) in the catchment area. but poses greatest strategic value in reforming the health system. Communities tend to be passive recipients of health services rather than active participants in its determination. DOH continues to exercise direct supervision and control of nationalized hospitals whose roles and relationships within the health system are not yet clearly defined. it is not optimally used as a resource. especially by the poor. the Department of Health launched the HSRA program which is a comprehensive set of reforms aimed to improve the health sector through: a) expanding effective coverage of national and local public health programs. b) increasing access. Most of the existing information programs are not guided by a strategic framework creating disintegrated silos of data. Health Programs The Health Sector Reform Agenda (HSRA) In 1999. Although the Local Government Code provides for the establishment of Local Health Boards. hospital operations are cost efficient. 2. to personal health services delivered by both public and private providers. there are no explicit provisions for community participation.) It consists of five interrelated health reform areas:204 1. Health Governance (national and local responsibilities) The structure of DOH remains the same as it was in the pre-devolution period. only a few Local Health Boards actually function as a governing body. revenues 118 . Capability-building on basic health information management is direly needed at all levels of the hierarchy. In addition.203 (See Annex R for Specific Health Programs of the DOH. and c) reducing the financial burden on individual families through universal coverage of the National Health Insurance Program (NHIP) . Health Information Health information management in the Philippines is at best rudimentary and ministerial. The country suffers from lack of leadership and organization. 6.Democratic Deficits in the Philippines: What is to be Done? 5. Despite a relatively mature communications network.

it is imperative that up-to-date. 4. prime importance should be given to creating and managing a database that will aid in the crafting of new laws and programs. as data is scattered. and dependence on direct budget subsidies are reduced.Democratic Deficits in the Philippines: What is to be Done? are enhanced and retained. devices. Thus. enhance the effectiveness of local public health delivery systems. Before any reform is instituted. The ―Blueprint for Universal Health Care 2010-2015 and Beyond‖ recommends the following to address the issues and challenges they identified that was discussed in a previous section:205 119 . affordable. cohesive and complete data be made available. Although there are government agencies that are tasked to put them together. government programs‘ mandates overlap resulting in the lack of actual figures. and sustain funding for priority public health programs over a period required to remove them as public health threats. What is to be done? As is true in many political. it is crucial to determine whether these laws and programs have produced the desired outcomes.) It is important that a thorough and comprehensive analysis and study of these existing laws and programs be conducted so as to get a better picture of what really needs to be done. and of good quality. The following sections are proposals crafted by two groups which are perceived as an answer to almost all major issues in health care in the Philippines which we support. Many times. 3. and facilities are safe. More importantly. social and economic issues in the country. and provide the NHIP greater leverage to ensure value for money in benefit spending.Social health insurance reforms – Expand the coverage and enhance the benefit package of NHIP so as to effectively reduce the financial burden to individual families through effective risk pooling. 5. the information that is put out is more often than not outdated.Health regulatory reforms – Strengthen capacities of DOH to exercise its regulatory functions to ensure that health products (particularly pharmaceuticals). there are already many laws that are in place as well as many programs that have been launched to address them.Public health program reforms – Strengthen the capacity of the DOH to exercise technical leadership in disease prevention and control. (See Annex S for list of Philippine Laws Governing Health Care.

the development of an initial package of basic health services to be made available to every Filipino given the present resources available to the health system. This basic package which should address the most critical health needs of the population in terms of disease burden. commission) attached to the Department of Health (initially by executive mandates but eventually through legislation) to unify standards and regulations of the production. Human resources for health Reform approaches (proposals) 1. Increased benefits of the system should be in place first while measures to increase revenues are being worked out. This can be financed from the present PhilHealth reserves and increasing premiums collection through: i. Implementing this spending and financing plan shall be divided into two phases: securing buy-in the first three years of the new government in 2010 and implementing financing strategies in the latter half of the six-year term. for local government units. National government spending to be financed through borrowing (including re-financing of existing debts). mandatory increases in the proportion of IRA to be spent for health. Significant increases in the PhilHealth support value for identified services in the basic package. Integrate and strengthen health workforce regulatory functions under one body (i. i. mandatory membership to PhilHealth for residents of the Philippines.Democratic Deficits in the Philippines: What is to be Done? Health Care Financing Reforms as the key to Universal Health Care Reform approaches (Proposals) 1. especially among the poor. additional tax sources.e. ii. practice. These can be achieved by: a. will be expanded to include increasingly sophisticated services as further resources for health are identified and allocated over time. Financing the health system reforms can be done through multiple funding sources with the goal of significantly reducing out-of-pocket spending especially by those in the poorest income deciles within the next three years. and deployment of the various health professions. Quantum increases in tax-based government spending at both national and local levels to a combined level approximately equal to 5% of total government expenditures (at least 75 billion pesos per annum). and ii. and reallocation from non-social service sectors. b. 2. 120 .

121 . 2. Full implementation of the BFAD Strengthening Law based on the principle that health concerns take precedence over business interests. other government agencies and local governments to promote compliance with the equity and other objectives of health sector reform. The Department of Health should have the responsibility for developing and negotiating terms and conditions for installing such a system with the local government units. It should define and update the practice of each health profession. Strict regulation of marketing and other promotional activities for health products including advertising prohibitions for certain goods. Health Regulations (including regulation of pharmaceuticals and other health care goods) Reform Strategies (Proposals) 1.) They should provide integrated health services either directly or through a unified and formalized referral system. The integration and organization of government facilities in accordance with the principles of primary health care based on an updated version of the Alma Ata Declaration. Further strengthening of other regulatory functions of DOH. including creating an efficiency coordinating mechanism in drug and technology regulation.Democratic Deficits in the Philippines: What is to be Done? a. allowing for greater flexibility and cooperation to include continuing education and trainings for these professions. Mandate government health workforce teaching and training institutions to tailor production for service to underserved communities either as government (national or local) or civil society professionals 2. Registration and other regulatory requirements for health goods should be re-designed to ensure not only safety and effectiveness of health products but also affordability especially for government agencies. Update and rationalize practice laws of the different health professions premised on health care being a team effort. A revisiting of the Local Government Code and its implementation with the view of enabling government facilities to be more integrated. (See Annex T for complete text of Alma Ata Declaration. Organization of Health Services (basic/secondary/tertiary services) Reform approaches (Proposals) 1. efficient and effective. Rationalize the system for health workforce remuneration across the professions to take into account the principles of primary health care. 2. 3.

The council will be mandated to craft a national eHealth masterplan anchored on the principles of primary health care and designed to maximize the use of information technology for health service delivery. Transparency should be the norm for all institutions involved in health care. standards setting and supervision of PhilHealth. planning. regional. This includes requiring health providers and facilities to submit mandated health reports electronically using standard formats as well as developing the capacity to analyze routine data [from mandated reports] for decision making [local/program] 4. historical utilization and budget for health services: national. actual costs of health services. 122 . This council should also include the private sector. Local health service delivery should be coordinated at the provincial level to ensure more coordinated and responsive local health care system. Empower citizens as data generators and as information users. Create a national council to provide leadership on the design and implementation of eHealth strategies in the country. provincial and municipal. including burden of disease. Health information Reform approaches (Proposals) 1. especially in areas with limited access to public hospital facilities. rational acquisition and better utilization of technology. Its envisioned mandate is centered on regulation. Autonomous and authoritative hospital authority or hospital boards should be established. and guarantee better regulation of hospitals and other health facilities 4. 2.Democratic Deficits in the Philippines: What is to be Done? Health governance (national and local responsibilities) Reform approaches (Proposals) 1. 5. collect and analyze major health data necessary for implementation of Universal Health Care. including the cross-integration between government and private hospital systems to enable sharing of resources. 3. 2. All information concerning the operations of any component of the health system should be available to all stakeholders. Identify. Create a national health data dictionary available for use by stakeholders. implementation and monitoring and evaluation of health programs. This initiative should be led and facilitated by the DOH with the PhilHealth Information Network as its backbone. The DOH is envisioned as the national institution tasked to ensure the implementation of the reforms leading to universal health care. 3. Community participation at all levels of the management cycle should be strengthened: situational analysis. policy-making.

During the Philippine Development Forum in 8 March 2005. Need for immediate approval of the amendment of the IRR of EO 51207. Better partnerships with civil society and private sector in pursuit to the overall harmonization to ensure full blown implementation of health sector reforms in pursuit of the overall harmonization effort. there is need for a comprehensive multisectoral strategy for child and mother. Strengthen health research through the establishment of the Philippine National Health Research System (PNHRS). tetanus toxoid immunization. The paper identified the gaps and weaknesses in health care and gave the following recommendations:206  On Nutrition. Stronger research should inform all stakeholders. and condom use for the prevention of HIV/AIDS and STD. Need to urgently address limited access to essential public health services including but not limited to family planning.208 Need for policy makers and LGU209 partners commitment toward full provision of HHR210 benefits provided by law (Magna Carta for Health Workers) Need to improve access to public health commodities including but not limited to contraceptives. Need to continually address HIV/AIDS – as ‗hidden but growing‘ specifically because zero positivity has increased among IDUs212 and commercial sex workers. wholesaling and distribution strategies and retailing strategies. Need to strengthen health promotion strategy by o Sin Taxes Implementing Rules and Regulations o Capacitate LGU to behavior change         123 . the Joint Health Sector Sub Working Group prepared a paper that was presented by then DOH Secretary Manuel Dayrit.Democratic Deficits in the Philippines: What is to be Done? 6. including the community. micronutrient supplements and essential drugs by strengthening sourcing strategies. Need to link the HSEF211 with the medium term expenditure framework of the rest of the social sector agencies. Gap of PhP2 billion for field level surveillance for Avian and Human Influenza.

improving provincial-level coordination of local health service delivery. o Increase PhilHealth support value for identified services in the basic package. Proposed support for 70/30 on granting to LGU. mandatory increases in the proportion of IRA to be spent for health. Proposal to commit to the benchmark/measurements. additional tax sources. Update and rationalize practice laws of the different health professions premised on health care being a team effort. This can be financed from the present PhilHealth reserves and increasing premiums collection. and reallocation from non-social service sectors o For local government units.  Integrate and strengthen health workforce regulatory functions under one body to unify standards and regulations of the production. Organize health services (basic/secondary/tertiary) by revisiting the Local Government Code and its implementation. and deployment of the various health professions. and integrating and organizing government facilities in accordance with the principles of primary health care based on an updated version of the Alma Ata Declaration Review and Strengthen Health Regulations (including regulation of pharmaceuticals and other health care goods) Improve health governance through DOH as lead institution in implementing reforms leading to universal health care.Democratic Deficits in the Philippines: What is to be Done?    Get PHIC213 commitment to expanding benefit package for the poor and improving payment mechanism from PHIC. and harnessing community participation at all levels of the management cycle     124 . establishing autonomous and authoritative hospital authority or hospital boards. practice. Recap of “What is to be done?”  Reduce out-of-pocket spending on health by financing health reforms through multiplefunding sources o National government spending to be financed through borrowing (including refinancing of existing debts).

equality and adequate conditions of life..Democratic Deficits in the Philippines: What is to be Done?    Manage and organize health information to maximize its value in reforming the health system On nutrition. privacy) are ―first generation‖ rights. in an environment of a quality that permits a life of dignity and well-being…‖215 However. tetanus toxoid immunization. environmental protection and other environmental matters are presently being addressed through human rights. institute a comprehensive multi-sectoral strategy for child and mother Increase access to essential public health services including but not limited to family planning. education. rights to health.216 (See Annex U for the 1972 Stockholm Convention. liberty.214 The 1972 Stockholm Declaration on the Human Environment recognized the link between human rights and environmental protection stating that ―[m]an has the fundamental right to freedom.)     125 .. and ecological and environmental human rights are ―third generation‖ rights. micronutrient supplements and essential drugs by strengthening sourcing strategies. Various classifications of rights exist. while economic. rights to life. and condom use for the prevention of HIV/AIDS and STD Improve access to public health commodities including but not limited to contraceptives.g. work) are ―second generation‖ rights. apparently. social and cultural rights (e. Civil and political rights (e. but a classification that has become popular is what is referred to as ―generations‖ of human rights. Environment Human Rights and the Environment The issue of environmental degradation.g. wholesaling and distribution strategies and retailing strategies Link the Health Sector Expenditure Framework with the medium-term expenditure framework of the rest of the social sector agencies Continually address HIV/AIDS—as ‗hidden but growing‘ specifically because zero positivity has increased among injecting drug users and commercial sex workers Promote partnerships with civil society and private sector to ensure full blown implementation of health sector reforms in pursuit of the overall harmonization effort. the Stockholm Declaration "does not actually proclaim a right to the environment. C. but implies that the exercise of other human rights indispensably requires basic environmental health". Ecological and environmental human rights belong to the third ―generation‖ of human rights.

national governments and international organizations. transparency. The Draft Declaration represents a restatement and codification of principles already contained in national and international legal systems. like all human rights.218 According to a scholar: The Draft Declaration presents a comprehensive restatement of the essential components of environmental human rights. It is the most important prominent international instrument in the standard-setting process for environmental human rights and reflects the progression towards international recognition of a right to environment. which are also contained in existing international human rights instruments… The Draft Declaration has the potential to make significant contributions to protecting human rights and the environment by advancing a standard-setting process. and their national counterparts. The value of the Declaration lies in its use as a reference point for national and international systems and as a vehicle for the development of a formal.Democratic Deficits in the Philippines: What is to be Done? The creation of new environmental rights is warranted by the following: • development projects and activities which consciously or wantonly degrade the environment. by advancing the process of creation of implementing monitoring and redress mechanisms.217 In 1994. are indeed important. • development projects and activities which consciously strive to protect and rehabilitate the environment. are usually accompanied by human rights denials and violations as well (e. and accountability.. But even in the absence of such an international legal instrument. do not function solely through formal international procedures. • development project and activities undertaken through a process that violates rights of participation. • development projects and activities undertaken through a process that respects human rights (including rights of participation and inclusion) are invariably environmentally-friendly as well. by raising awareness of the public. binding international legal instrument which would elaborate environmental human rights. are usually accompanied by heavy environmental costs as well (e. 126 . a Draft Declaration of Principles on Human Rights and the Environment was produced by a group of experts on human rights and international environmental law which was featured in the report of the Special Rapporteur on Human Rights and the Environment. and by facilitating the mobilization of public pressure for the protection and promotion of human rights and the environment. After all. unsustainable exploitation of the tropical rain forests). create an enabling environment in which human beings can lead secure and creative lives-thus promoting realization of all human rights. certain large-scale dam-building and infrastructure projects).g. although such procedures.g. the Draft Declaration can serve as the focal point for the development of institutions and procedure to enhance protection of the rights contained therein. environmental human rights.

The collapse of regional fish stocks may be triggered by the loss of habitat essential to the life cycle of commercial fish species. and that governments often fight wars over national interests such as oil and water. water. and to access to environmental justice A discussion of each of these rights in the Philippine context as they are affected by human actions is on order. to participate in environmental decision-making. 127 . national courts have used the Draft Declaration as a basis for decisions on environment matters and have found legal support in the Draft Declaration in deciding in favour for the protection of the fundamental right to a healthy environment. Right to information. discussion and action on the Draft Declaration will help promote and protect human rights and the environment through recognition.Democratic Deficits in the Philippines: What is to be Done? The principles in the Draft Declaration do address the key issues implicated in the interrelationships between human rights and the environment. results when resource users compete for declining supplies of resources such as forests.220 To sum up." According to Stand Up for Your Rights.and inter-state conflicts than countries that do not have comparable resource assets. and people are a complex life community—all ecologically linked and should therefore be viewed as an integrated whole. ―The principles set out in the Draft Declaration reflect and build upon the rights found in both national and international law. Right to a clean and safe environment Scientists today increasingly recognize that crops. implementation and enforcement of environmental human rights. environmental human rights cover three broad areas which will be discussed in more detail in relation to the experience of the Philippines: 1. forests. cutting forests or clearing new lands for farming in the headwaters of a watershed can have a negative impact on water flow and water quality downstream.‖219 A scholar‘s annotation of the Declaration is found in Annex V which helps underscore the legal foundations of environmental human rights. Widespread dissemination. Right to a clean and safe environment 2. For instance. Although this instrument is non-binding legally. The Draft Declaration consists of a Preamble and some 27 Principles set out in five "parts. Resource degradation and over-exploitation is a phenomenon that adversely affects the poor who may be displaced by competition for vital resources such as falling water tables as a result of the action of other water users. Various scholars have found that states with valuable natural resources are four times more likely to experience intra.221 Experience has shown that conflict. fish and water. soils. Right to act to protect the environment 3. which is often violent.

Democratic Deficits in the Philippines: What is to be Done? especially when the loss of these natural resources threatens the livelihood of communities.e. floods. and compensation for global environmental problems like global warming. According to the Global Facility for Disaster Reduction and Recovery. where there is a prevalence of storms. volcanic eruptions. Pasig River. people‘s livelihoods. and coups d‘état) caused by environmental scarcity that affects economic productivity and. The Philippines is considered one of the most disaster-prone countries in the world considering that it lies on the western rim of the pacific and along the circum-pacific seismic belt. and as a result 74 percent of its population is vulnerable. and the ability of states to meet these changing demands 4. droughts and other natural hazards. environmental scarcity could plausibly produce five general types of violent conflict affecting these countries moving from the most local to the most global type.‖225 128 . threats to biodiversity. Indicators of Environmental Degradation The country‘s supposed natural sources of economic wealth are rapidly being depleted or destroyed due to man-made and natural causes threatening the right of Filipinos to a clean and safe environment. water 5. for instance. Ethnic clashes arising from population migration and deepened social cleavages due to environmental scarcity 3. in turn. logging or dam construction 2. ozone depletion. conflicts between the developed and developing worlds) over mitigation of. Disputes arising directly from local environmental degradation caused. Civil strife (including insurgency. In addition. typhoons. instead it flowed to nearby communities.224 The massive flooding caused by tropical storm ―Ondoy‖ in Metro Manila in September 2009 is being attributed by the government to climate change with the downpour of a month‘s equivalent of rain in just six hours. adaptation to. at least 60 percent of the total land area of the country is exposed to multiple hazards. banditry.222 According to a scholar: During coming decades. and Manila Bay weren‘t able to absorb the huge volume of rainfall. and decreases in fishstocks223 Thus. North-South conflicts (i. earthquakes. there is a need for research-based solutions that reflect a commitment to the avoidance of potential conflicts over the use of resources that will adversely affect the poor and marginalized. then DENR Secretary Lito Atienza explained that ―The structures on the lake and the water lilies obstructed the free flow of water to the China Sea. The Laguna de Bay. for example. by factory emissions. Scarcity-induced interstate war over. these are: 1. the behavior of elite groups.

7 Malaysia 52 6. Hong Kong.4 Total 807 100. Kitts and Nevis 2. Japan 19.2 Singapore 3 0. Ecuador 15. Vanuatu 7. almost 30 percent of the disasters that occurred in Southeast Asia for the period 1990-2009 (Table 10) occurred in the Philippines indicating that the country is in the ―path‖ of disasters.6 Lao PDR 22 2. *as of data generated on April 2009. Costa Rica 8. Solomon Islands Source: World Bank 226 Examining comparative country data.0 Source: EM-DAT : The OFDA /CRED International Disaster Database www. Philippines 9. 129 .Democratic Deficits in the Philippines: What is to be Done? Based on the World Bank‘s Natural Disaster Hotspot list of countries most exposed to multiple hazards the Philippines ranks 8th with 268 recorded disaster events over the last three decades. South Africa 17.4 Myanmar 21 2. (See Table 9) Table 9 Countries Most Exposed To Natural Hazards From Multiple Hazards 1. Somalia 16. China 6.6 Philippines 237 29.9 East Timor 19 2.be – Université Catholique Louvain – Brussels – Belgium. China 4.4 Thailand 89 11. Guatemala 12. St. Nepal 10. embat. Macau.4 Cambodia 15 1.4 Indonesia 223 27.0 Vietnam 124 15. Bangladesh 26. Table 10 Total Number of Disasters in Southeast Asia 1990–2009* Country Number Sample % Timor-Leste 2 0.

and there have been several destructive eruptions in recent times. they also take lives. causing further soil erosion. like riverbanks. poor disaster-preparedness and weather forecasting systems have made the environment problem worse. only 21 remained. A 1989 ban on lumber exports was followed by the outlawing in 1991 of logging in virgin forests. 140 of these licenses existed. disasters serve as a wake up call: The great flood that killed over 4. Improper land use in the uplands is reducing top soil layers. Expanding inappropriate fertilizer and pesticide use foster nutrient imbalances and groundwater contamination. These natural disasters damage crops and properties. about 20–30 typhoons hit the country yearly.228 An economist has asserted that the country‘s high population growth rate together with weak urban planning. He said that ―The consequence of unabated migration to urban areas is haphazard human settlement. timber licenses have been phased out or cancelled. Twenty‑two volcanoes are active.‖229 Often.230 However. In 1992. The accelerated loss of soil has several adverse impacts. Sedimentation in coastal areas due to unsustainable land use in upland areas continues to be a severe threat to coastal eco-systems. it reduces soil fertility and crop yields (the loss of one centimetre can lower yields of corn by almost 100 kg per hectare). Soil erosion has become prevalent: Population pressure is stimulating cultivation of fragile upland areas. A journalist observes: 130 . Agricultural yields in lowland areas are stagnating. bridge waterways. primarily volcanic eruptions and typhoons. Flooding and landslides have reportedly been aggravated by excessive logging and cultivation of upland areas. For the farmer. with 21% of agricultural lands and 36% of non-agricultural lands throughout the country assessed as moderately or severely eroded. increasingly beset by salinization and water logging.227 These natural disasters have resulted in high death tolls and extraordinary damage to property and the environment. and esteros (urban waterways). policy makers imposed a series of restrictions on the timber industry that slowed down the treecutting. In addition. degradation of forests. there are many other forces at work that have adversely affected Philippine forests. between June and November. Gradually. Too many people are staying in areas that should not be a place for settlement. and are concentrated in two forested regions: northern Mindanao and northeastern Luzon.Democratic Deficits in the Philippines: What is to be Done? The Asian Development Bank notes the Philippines vulnerability to natural disasters: The Philippines is vulnerable to natural disasters. While environmental groups lobbied for a commercial ban.000 in Ormoc in 1991 woke up many others. by mid-1997.

Migrant settlers have moved into the uplands in large numbers.237 131 . the Visayan wrinkled hornbill. a rampant practice even in so-called protected areas like the Palanan wilderness.233 In 1978.Democratic Deficits in the Philippines: What is to be Done? But as the licensed commercial loggers fade from the scene. … The country is one of the few nations that is. This includes over 6. this declined to 70 percent. Historically logged for timber products. but have been caught logging instead.234 According to Conservational International. forest lands composed about 56 percent (16. in its entirety. both a hotspot and a megadiversity country. the Philippine cockatoo. Tree plantation companies and even avowedly non-profit organizations have gained access to public land with promises of reforestation. these areas would probably be capable of regeneration if they are not disturbed further. only about seven percent of the country‘s ―original.‖235 (See Table 11) The Philippines is considered by Conservation International as one of the 34 biodiversity hotspots236 in the world (See also Table 12): Many endemic species are confined to forest fragments that cover only 7 percent of the original extent of the hotspot. The Philippines is also one of the most endangered areas. old-growth. freshwater and marine ecosystems has resulted in an unprecedented biodiversity crisis such that coastal and marine resources are being degraded. closed-canopy forest‖ is left while ―a mere three percent is estimated to remain in the lowland regions.231 The destruction of the original forests. other forces are rushing into the uplands vacuum. It has been estimated that forest cover in the Philippines in 1575 was almost 92 percent of the country‘s total land area. placing it among the top priority hotspots for global conservation.232 By the 1900s. Amphibian endemism is also unusually high and boosts unique species like the panther flying frog. About 14 percent of the original vegetation remains as secondary growth in various stages of degradation. Smugglers entice poor residents to cut and deliver rare hardwoods for illegal sawmill operations. and the enormous Philippine eagle. today. displacing indigenous occupants and introducing harmful farming practices.000 plant species and many birds species such as the Cebu flowerpecker.93 million hectares) of the total land area of 30 million hectares. the forests are also being cleared for farming needs and for developments to accommodate the nations growing population.

253 167 535 237 89 281 240 Endemic Species 6. saltwater intrusion pipe leaks and illegal connections.5 85. Access to clean water is becoming a recurrent seasonal problem in many areas. Water demand nationwide is expected to grow from 43 million cubic meters per year in 2000 to 88 million cubic meters by the year by 2025. wasteful and inefficient use of water.404 18. It has been assessed that: As of 2008.803 6.Democratic Deficits in the Philippines: What is to be Done? Table 11 Vital Signs (Philippines) Hotspot Original Extent (km 2) Hotspot Vegetation Remaining (km ) Endemic Plant Species Endemic Threatened Birds Endemic Threatened Mammals Endemic Threatened Amphibians Extinct Species† Human Population Density (people/km 2 ) Area Protected (km 2) Area Protected (km ) in Categories IIV* 2 2 297. contamination of water and lack of effective solid waste management continue to be among the urgent concerns in urban centers. Source: Conservation International238 Table 12 Diversity and Endemism239 (Philippines) Taxonomic Group Plants Mammals Birds Reptiles Amphibians Freshwater Fishes Species 9. *Categories I-IV afford higher levels of protection.8 67. Water pollution.179 20. roughly 30 million people throughout the country do not have access to potable water through water supply and distribution operations.060 †Recorded extinctions since 1500. and 132 .8 61.1 34.091 102 186 160 76 67 Percent Endemism 65.091 56 47 48 2 273 32.4 23.8 Source: Conservation International Air pollution.

Dynamite and cyanide fishing. Declining catch has been accompanied by increasingly smaller fish. Excavation. A journalist notes how Philippine waters have been subjected to pillage: The story of our seas is no less devastating. trawling and other destructive methods have left only five percent of our reefs in excellent condition. especially to coral reefs.241 The ability of the major ecosystems to provide and maintain a regular stream of economic goods and ecological services has been adversely affected due to unregulated utilization resulting in declining stocks and reduced coverage and quality. Mangroves have continued to suffer from coastal development. dredging. According to 2008 figures. As populations have increased. although Philippine waters are said to still contain a wealth of undiscovered benefits. mangroves. and coastal conversion to accommodate coastal development have seen corals being extracted for reclamation and construction. 25% of Philippine watersheds are not performing at optimal levels due to different levels of degradation. a move that would further marginalize the country‘s millions of fisherfolk. Yet these and other bounties from our seas are threatened by the underwater catastrophe visited on the country‘s coral reefs. With such threats and with growing population. The booming trade in live fish in Hong Kong and southern China has led to the widespread use of cyanide to catch food fish alive and has depleted local waters of prime species of reproductive age. a Filipino scientist working in the United States reported that the huge array of toxins from about 500 species of Philippine cone snails could hold the key to developing a new generation of anti-pain drugs. and seagrasses.Democratic Deficits in the Philippines: What is to be Done? continued denudation of forest cover particularly in the watersheds are the main strains to water resources. Large-scale commercial fishers have been pushing a bill through Congress that would legalize the incursion of heavy vessels into municipal waters. where they poach fish that would otherwise go to the local market. notably at the hands of the aquaculture industry. it is becoming more difficult to provide basic water supply services. Overfishing worldwide has driven big foreign boats even into the Philippines‘ lightly guarded municipal waters.242 133 . so have their needs for construction materials and living space. The impact on fisherfolk‘s livelihood has been disastrous. In 1996. … In recent years coastal zone development has been particularly damaging to the Philippines‘ marine environment. especially in coastal villages.

A non-government organization observes: On December 1. declaring that the Philippine Mining Act of 1995. dredging. The Justices who voted in favor of the reversal are Chief Justice Hilario Davide and Justices Reynato Puno. The Philippines is considered a mineral-rich country and the Philippine government‘s policy to ―revitalize the Philippine mining industry‖245 has sparked renewed interest by large mining corporations in ―mineralized areas‖ in the country. especially to coral reefs.‖246 The ruling of the Supreme Court of the Philippines on the constitutionality of the Philippine Mining Act is significant. Morales and Callejo. Minita Chico-Nazario and Cancio-Garcia. especially the establishment of nickel projects that ―might be particularly active in 2010 as recovering prices of the metal signal good margins for miners. especially in coastal villages. 2004. taking into consideration multi-stakeholder participation in all of our six countries. vast tracts of productive agricultural land have been and continue to be converted to non-agricultural use. Mangroves have continued to suffer from coastal development. The Court voted 10 to 4 with one abstention. mangroves. and sea-grasses. The Justices who dissented are Ynares-Santiago. its Implementing Rules and Regulations and the Financial and Technical Assistance Agreement (FTAA) entered into by the government and Western Mining Corporation as constitutional. Alicia Austria-Martinez. As populations have increased.Democratic Deficits in the Philippines: What is to be Done? The Philippine coastal and marine environment has become a venue for competition for space: In recent years coastal zone development has been particularly damaging to the Philippines‘ marine environment.‖ The CTI Regional Plan of Action was also adopted ―in an effort to conserve and sustainably manage coastal and marine resources within the CT region while taking into consideration the laws and policies of each country. Angelina Sandoval-Gutierrez. the Supreme Court reversed its decision in the La Bugal mining case.‖244 On the other hand. Carpio. coastal. Fisheries and Food Security ―to address threats to the marine. Such uses include the designation of industrial zones and residential subdivisions which have not only decreased the area for agricultural production but have also resulted in the decrease in the number of agricultural workers who have shifted to nonagricultural occupations. Leonardo Quisumbing. six Asia-Pacific nations including the Philippines signed the Coral Triangle Initiative (CTI) on Coral Reefs. Azcuna abstained. so have their needs for construction materials and living space. and coastal conversion to accommodate coastal development have seen corals being extracted for reclamation and construction. Dante Tinga.243 Recently. Excavation. notably at the hands of the aquaculture industry. and small island ecosystems within the Coral Triangle region through accelerated and collaborative action. 134 . Renato Corona.

environmental groups. They have become involved in the gathering and dissemination of environmental information. In a dramatic reversal. many groups are condemning the decision saying that the Court has allowed "the rape of our land and our natural resources. 2004 decision. indigenous peoples. The stewardship role of indigenous peoples is vital to humankind in the face of the challenge of climate change. A scholar notes that: …NGOs fulfill an enormously important function in the application and enforcement of international environmental legal standards.249 One sector that clearly has been affected by environmental issues and also has the potential to become a major actor in the resolution of those environmental issues is the indigenous peoples of the Philippines.247 A journalist notes that ―Only the Marcopper disaster in March 1996 and the resulting public outcry have delayed the exploration permits of some of the biggest mining companies in the world. its implementing rules and regulations and the FTAA of Western Mining Corporation as unconstitutional. dislocate peoples. the Court ruled that some provisions of the Mining Law and the FTAA in question were invalid and unconstitutional. The government and the mining industry has not answered to the "minerals curse" argument wherein studies showed that countries relying on natural mineral exports are bottom dwellers in terms of economic growth." They pointed out that large-scale mining operations strip large areas of vegetation.‖248 Right to act to protect the environment Communities and their citizens have become active in protecting the environment with the formation and active involvement of peoples‘ organizations and various local and international non-government organizations (NGOs) in environmental issues. 5 Justices who voted in favor of declaring the Mining Act. With 100% foreign ownership allowed and all the fiscal incentives bestowed on the foreign investor. endanger the country's rich biodiversity and sources of potable water. the communities will not reap part of the speculated potential value of precious metal computed by the mining consultants and industry.Democratic Deficits in the Philippines: What is to be Done? It may be recalled that in its January 27. The December 1 decision caused outrage from different communities. is monitoring states‘ compliance with international environmental obligations. the need to preserve bio-cultural diversity and the inevitability of creating a favorable environment for economic opportunities 135 . Most significant among their activities. now voted to uphold their legality. In Mindanao. policy advocacy and the appraisal of failure or success of policies in the light of avowed public policy objectives.

(See Annex W for complete text of Indigenous Peoples Rights Act. Furthermore. The Act commits the Philippines inter alia. It should be noted. In addition. 2010. indigenous cultural communities (ICCs) retain their right over the utilization of their natural resources. there are about 513 CALTs in the pipeline approximately covering a total of 12. Another mechanism that aims to safeguard indigenous peoples from illegal and undesired intrusions or incursions by ―outsiders‖ is the Free and Prior Informed Consent (FPIC) mechanism.004.252 136 . The total area of approved CADTs and CALTs since 1997 is 4.16 hectares. a community can only get around 1 percent to 5 percent of revenue share which is not sustainable for the community. Under the FPIC mechanism. the NCIP approved a total of 168 Certificates of Ancestral Domain Titles (CADTs) and Certificates of Ancestral Land Titles (CALTs) covering 3.9 hectares. self-governance and empowerment. There are still 95 CADTs in the pipeline covering 1. however. that several mining companies implemented projects in some ancestral land areas before the passage of the IPRA and the FPIC mechanism was not in place at the time. an outside entity can dictate the manner of utilization of natural resources within the ancestral domain for 25 years. 2009 and 2010 as of January 31.585. It aims to address needs of the country‘s indigenous peoples with its 110 ethno linguistic groupings that comprise approximately 17 percent of the Philippine population. there has been a thrust within the National Commission on Indigenous Peoples (NCIP) to push for the exercise of priority rights rather than the FPIC mechanism because the FPIC mechanism is now being regarded as a subversion of the right to selfdetermination. The 12-year-old Indigenous Peoples Rights Act (IPRA) of 1997250 which mandates the protection of the rights of indigenous peoples in the Philippines is said to be the only ―one of its kind‖ in Southeast Asia. According to the NCIP.) IPRA guarantees the right of indigenous peoples to their ancestral lands through the exercise of priority rights.251 The NCIP has prioritized the delineation and titling of ancestral domains because the indigenous peoples‘ struggle revolves around the right to ancestral domains. by exercising their priority rights.758.205. Of particular significance are the CADTs issued to Clark.762.27 hectares. The life of the tribe depends on the ancestral land. However.Democratic Deficits in the Philippines: What is to be Done? where indigenous peoples are considered to be the core movers of development in their own ancestral domains and lands. their culture. and social justice and human rights.764. Subic.7 hectares which is more than double the output of the previous 10 years from 1997 to 2007 which covered 1. For the years 2008. Calauit and Diwalwal where the NCIP has been able to secure a decent share of the revenues for the ICCs concerned.210. to protect the rights of indigenous peoples to their ancestral domains. According to the NCIP.827. all large-scale mining companies are located within ancestral lands.9 hectares.810.

coupled with institutionalization and links among government agencies involved in the inventory. human health.254 The Intergovernmental Panel on Climate Change (IPCC) predicts the impact on Asia of future climate changes:   By the 2050s. are still major concerns. Another important issue is the affordability and availability of GHG mitigation technologies (e.Democratic Deficits in the Philippines: What is to be Done? Right to information. Melting of glaciers can cause flooding and soil erosion. the availability. East and South-East Asia. flooding from the rivers. Rising temperatures will cause shifts in crop growing seasons which affects food security and changes in the distribution of disease vectors/carrier putting more people at risk from diseases such as malaria and dengue fever.253 The Asian Development Bank has noted how it has been difficult for the Philippines to fulfill its commitments under the UNFCCC: Many factors make it difficult for the Philippines to fulfill its UNFCCC commitments. in some megadeltas. agriculture and food security. use of renewable resources in power production). particularly in large river basins. and variability of activity data and local emission factors. South. The report of the United Nations Framework Convention on Climate Change (UNFCCC). to participate in environmental decision-making. In the national inventory of GHG emissions.. will be at greatest risk due to increased flooding from the sea and. access to justice and to participate in environmental decision-making becomes highly significant. is projected to decrease. industrialisation and economic development. Changes in rainfall pattern are likely to lead to severe water shortages and/or flooding.  137 . and to access to environmental justice Climate change is an area where the right to information. Coastal areas. and on socio-economic and related sectors. especially heavily populated megadelta regions in South. including water resources. The country needs help in overcoming market barriers to the widespread use of renewable resources. East and South-East Asia. illustrates the impact of climate change: …climate change will have wide-ranging effects on the environment. freshwater availability in Central. terrestrial ecosystems and biodiversity and coastal zones. reliability. Secretariat.g. Climate change is projected to compound the pressures on natural resources and the environment associated with rapid urbanisation.

the Clean Air Act became law in June 1999 with the following key features (See Annex X for complete text of the Kyoto Protocol and Annex Y for complete text of the Clean Air Act. Droughts will make the western side of the country drier (including the Metro Manila area). Negros Occidental. the European Commission reports that: The Philippines is particularly vulnerable to the impacts of climate change. June 2009 Update on the Philippines. Northern Samar.):  Identification and characterization of all airsheds in the country and establishment of multi-sectoral AQM Boards260 for each airshed 138 .610 towns and inundate almost 700 million square meters of land across the country by 2095-2100. of the Philippines are vulnerable to a one meter rise in sea level. Sea water would cover at least 703 of 1. Bohol. Tawi-Tawi. Capiz. Cebu.255 In its. Zamboanga Sibugay.4° Celsius by 2080.259 As mentioned earlier. Increasing temperatures are already causing irregular monsoons and may also be responsible for the higher recurrence of extreme weather events such as ―super typhoons. Palawan. South and South-East Asia due to projected changes in the hydrological cycle. Masbate. Quezon. while more rain will inundate the eastern side of the country (Quezon. Several initiatives have been undertaken by the Philippine government to boost efforts to mitigate the anticipated effects of climate change. Samar. Zamboanga del Norte. In compliance with its commitments to the Kyoto Protocol.Democratic Deficits in the Philippines: What is to be Done?  Endemic morbidity and mortality due to diarrheal disease primarily associated with floods and droughts are expected to rise in East. Samar. Rising sea levels are also of course a matter of grave concern. under a global ―business-as-usual‖ scenario for CO2 emissions. According to the report. Camarines Sur. Scientists have warned that the Philippines could experience famine by 2020. Leyte). Basilan.‖ According to the studies available.258 It is also listed among the 46 countries with high risk of violent conflict as a consequence of climate change. environmental degradation may affect accessibility to resources which could be a potential source of conflict among communities or groups competing for the use of resources. Zamboanga del Sur. and Maguindanao. Camarines Norte. the temperature increase in the Philippines could be as much as 2. Vulnerability is greatest among the poor. Davao del Norte. the top 20 provinces in the country which are vulnerable to a one-meter rise in sea level are the following: Sulu.257 Climate change is expected aggravate socio-economic burdens such as hunger and water scarcity which could further increase the already huge disparity in the living standards between the rich and the poor. particularly 64 out of 81 provinces.256 The international environmental group Greenpeace described the Philippines in one of its studies as a ―climate hotspot‖ where 15 of the 16 regions. Catanduanes.

264 The Renewable Energy Act of 2008 was signed on December 16. and a fund to be earmarked for air quality management activities Imposition of air quality management charges Improvement in quality of gasoline and diesel and promotion of alternative. this target has been affected by issues related to financing and supply of products and equipment harnessing renewable energy. The Department of Energy is also implementing a project on renewable energy at the—Capacity Building to Remove Barriers to Renewable Energy Development (CBRED)—jointly with the UN Development Program (UNDP) and Global Environment Facility (GEF). coastal areas. the PTFCC came up with the Philippine Climate Change Response Action Plan (PCCRAP). (See Annex Z for complete text of the Biofuels Act. which provided for the mandatory use of biofuels and incentives for such use believed to help lessen emission of greenhouse gases (GHGs) that greatly contributes to global warming. cleaner fuels261   On January 17. 262 In October 2008.265 The Climate Change Act of 2009. (See Annex ZA for complete text of the Climate Change Act of 2009) There are also several science and technology (S&T) mitigation measures being pursued by the Department of Science and Technology (DOST) including Research and Development on biofuel that involves feedstocks.) In February 2007. 2008 to mitigate the problem of global climate change through the promotion of renewable forms of energy and make the Philippines 60 percent energy self-sufficient by 2010. terrestrial and marine ecosystems.Democratic Deficits in the Philippines: What is to be Done?  Development of a national air quality management framework.‖263 Department of Environment and Natural Resources (DENR) Special Order 2007653 was subsequently issued creating the Advisory Council on Climate Change Mitigation. 2007. President Arroyo issued Administrative Order 171 creating a Presidential Task Force on Climate Change (PTFCC) mandated to conduct rapid assessment on the impact of climate change in the Philippine setting. especially on the most vulnerable sectors or areas such as water. 139 . Adaptation and Communication. agriculture. However. which contains the task force‘s ―preliminary substantive program elements. President Arroyo signed into law the Biofuels Act of 2006 (Republic Act No. passed by Congress in September 2009. processing and vehicle-testing. The PTFCC is also mandated to ensure strict compliance with air emission standards and combat deforestation and environmental degradation. created the Climate Change Commission chaired by the President of the Republic of the Philippines. in partnership with non-government organizations. 9637).

the Philippines is moving toward a more environmentally-responsive judiciary. promoting improved environmental compliance and enforcement in the country and within the region. Prescription for filing of environmental actions in court may require special rules. declared that. Section 16 of the 1987 Philippine Constitution. Appreciation of highly technical and scientific evidence presented by experts is still limited and requires training and orientation on the part of judges.‖ It did not have difficulty in concluding that the petitioner minors had standing to sue even on behalf of succeeding generations based on the concept of intergenerational responsibility. continue to face challenges in adjudicating environmental cases. a more liberalized framework could reinforce judicial interpretation. the Philippine Supreme Court considered options and defined strategies to address the challenges of environmental adjudication. 1993 (224 SCRA 792).266 The Philippine judiciary has.Democratic Deficits in the Philippines: What is to be Done? The right to access to environmental justice has taken on an interesting direction in the Philippines: In 1993. on legal standing and establishment of a cause of action. Together with the planned capacity building of judges within these benches. Factoran.R. For example. in an unprecedented ruling. Jr.. July 30. ―the right to a balanced and healthful ecology…belongs to a different category of rights altogether for it concerns nothing less than self-preservation and self-perpetuation – the advancement of which may even be said to predate all governments and constitutions. Some sanctions and penalties are not significant enough to deter 140 . This decision led to increasing calls to strengthen environmental adjudication in the Philippines. in recent years. No. 101083. the Philippine Supreme Court promulgated a decision in the test case of Oposa v. The children asserted their right to a balanced and healthful ecology under Article 2. on the legal standing of minors to sue in an environmental case. G. The Court. In January 2008. including promoting environmental advocacy before judicial and quasi-judicial bodies. undertaken a series of initiatives to establish so-called ―green benches‖ or courts that would handle environmental cases/disputes in the country: Together with development partners and input from stakeholders. They initially sought injunctive relief from the lower court against the issuance of timber license agreements by the Secretary of the Department of Environment and Natural Resources covering more areas for logging than what was available. the Supreme Court designated 117 municipal and regional trial courts across the country as environmental courts. however.267 Experts recognize this as both a milestone and fraught with challenges: Judges.

after the Summit.269 He also considers as one of the landmark decisions of the High Court the case on MMDA vs. which can be filed by any natural or juridical person whose right to a balanced and healthful ecology has been violated or threatened with violation.): In 2009. the Philippines is the only country in the whole world with this kind of remedial writ to protect the environment. That Decision has earned the plaudits of environmentalists the world over. What is to be done? We recommend that the environmental development goals contained in Philippine Agenda 21 be pursued.Democratic Deficits in the Philippines: What is to be Done? violators. we wielded the writ of continuing mandamus to protect the environmental rights of our people. but environmental degradation. Again. experts agree that the greatest threat to human existence today is not terrorism. Finally. many legal jurisdictions are now studying our Writ of Kalikasan for adoption in their soil. which has been described as the most widely-consulted planning document the country has had so far.268 Retired Chief Justice Reynato Puno considers new writs to protect the environment as some of the major accomplishments of the High Court under his leadership (See Annex ZB for Rules of Procedure for Environmental Cases. A Filipino economist underscores its importance: The strategy and corresponding action agenda for reconciling the country‘s economic. Indeed. could provide judges with new insights. social and environmental development goals is already well laid out in Philippine Agenda 21.‖270 The pronouncement of the Supreme Court of the Philippines to establish so-called Green Courts has received mixed reactions from various quarters but nevertheless underscores the importance of providing access by communities and citizens to environmental justice. blue and brown environment issues confronting the country. Here for the first time. including the imposition of sanctions. This time. and the numerous environmental laws in place need to be fully understood to promote consistency in rendering judgments. Concerned Citizens of Manila Bay which was ―a ponencia of Mr. Justice Presbitero Velasco where we ordered government to clean and maintain Manila Bay and to immediately act on its duties and obligation. For the record. we came out with new writs to protect our environment — the Writ of Kalikasan and the Writ of Continuing Mandamus. creative approaches to the handling or disposition of evidence. I asked our regional trial court judges to backstop the High Court. initiatives and mechanisms are in place for addressing the various green. Concrete programs. For maximum efficiency and 141 . We have converted all our trial courts into environmental courts to stop our environmental degradation. my third and last year in office. I called for a summit to address the need to protect the right of our people to a balanced and healthy environment.

271 The Philippine Council for Sustainable Development. Republic Act 9003 or The Ecological Solid Waste Management Act must be implemented up to the barangay level. Good governance is the critical underlay that provides the vital foundation for all efforts to achieve sustainable development for the country. Thus. bodies like the Inter-Agency Committee on Climate Change. is working on an ―enhanced Philippine Agenda 21. Within government. and to strengthen them with the necessary policy and resource support. The way forward. is to scale up and scale out such tested mechanisms that work well. legal failures and coordination failures are transformed from current realities into things of the past. there is need to focus on approaches that promise greatest success. Community-based approaches have already demonstrated positive track records. Mechanisms based on multi-stakeholder partnerships have likewise proven effective when allowed to function fully and freely. the imperative is for close teamwork and coordination. local and community levels. and Local Development Councils need to be made to function actively and spearhead concrete initiatives to operationalize sustainable development at the national. Local Solid Waste Management Boards. In particular.Democratic Deficits in the Philippines: What is to be Done? effectiveness.‖272 Need to Build Sustainable Communities We recommend the adoption and implementation of a comprehensive waste management system for each town and city. and law enforcement failures. particularly in the sustainable management of forest and coastal resources. inter-disciplinary and multi-sectoral nature of sustainable development challenges. (See Annex ZC for complete text of the Ecological Solid Waste Management Act. Until the current persistent governance weaknesses in the Philippines are overcome. immediately. which was created to coordinate the formulation of Philippine Agenda 21. achievement of win-win outcomes for the economy and the environment will remain a distant dream.) The APEC has also advanced the following proposals for building sustainable cities which we recommend should be pursued in engaging with other countries for the long-term:273 On Sustainable Cities  Strengthen capacity building to facilitate the exchange of scientific and technical knowledge on sustainable cities by designating appropriate organizations in APEC economies to serve as contact and coordination centers. then. given the multi-dimensional. Encourage sharing of knowledge and experiences on the elements of a sustainable city including technologies and changes in production and  142 .

Other measures include preparation of fire control maps and activation of fire protection communication systems. inventory of stocked emergency supplies needed for fire control operations such as first-aid kits and non-perishable food supplies. non-government organizations and institutions and maximize public-private partnerships to leverage additional resources and capabilities and capitalize on opportunities. should be strictly implemented. The Kyoto Protocol is an international agreement linked to the United Nations Framework Convention on Climate Change which sets binding targets 143 . creeks and rivers. supportive of the Kyoto Protocol. Immediately and in the short-term. we present the following recommendations:   In the medium-term. if any. indicators and standards.  For rural areas. inventory of all fire fighting tools.  Enhance information exchange on policies. The Ministers also agreed to further develop their own mechanisms for communications with the private sector. small-scale mining should be rationalized such that the areas that may be exclusively reserved for small-scale miners can be identified. building on ongoing activities in APEC and promoting dialogue among public and private sectors and with non-government organizations as appropriate. Need for Clean Technology Clean technology can be pursued through the following recommendations in the mediumterm:  The provisions of the Clean Air Act. construction of water impounding structures to trap and store water from rainfalls. defensive measures in dealing with forest fires should be undertaken such as the following: monitoring kaingin activities and unauthorized bush burning in pasture land by cattle raisers.274  Immediately conduct scientific and medical investigations into the impacts and effects of aerial spraying which is used in the banana industry to protect crops against pests and increase productivity in order to determine adverse effects on human health and the natural environment. and regular holding of forest fire drills with forest-based communities. and installation of signboards in fire-prone forested areas warning people about forest fires.Democratic Deficits in the Philippines: What is to be Done? consumption patterns. planting of new grasses or brushes in existing two-to-three meter wide firebreaks or buffer fire lines inside tree plantations. and promote community level experiment model project with an aim to create eco-cycle communities.

By the end of the first commitment period of the Kyoto Protocol in 2012. also known as sustainable chemistry.Democratic Deficits in the Philippines: What is to be Done? for 37 industrialized countries and the European community for reducing greenhouse gas (GHG) emissions at an average of five per cent against 1990 levels over the fiveyear period 2008-2012.g. is the design of chemical products and processes that reduce or eliminate the use or generation of hazardous substances. and use." to be led by the Human Resources Development Working Group Improving APEC member economies' access to expert input and facilitating the exchange of expertise related to the implementation of cleaner production methods    144 .276 The APEC has also advanced the following proposals for promoting clean technology which may be carried out immediately:277     Formulation of specific strategies for industrial and agricultural sectors that promote dissemination of clean technologies and experiences Mobilization of public-private partnerships in major industry sectors to promote cleaner production Sponsoring of government-industry workshops. Japan's Virtual Center for Environmental Technology Exchange and the APEC Centre for Technology Exchange and Training for Small and Medium Enterprises [ACTETSME]) Strengthening of government capabilities through capacity building at both the national and local level. seminars and demonstration projects on cleaner production Sharing information on clean technologies and cleaner production policies through electronic means (e. including its design. Green chemistry. Green chemistry applies across the life cycle of a chemical product. providing the tools needed to help achieve cleaner production goals Conducting cleaner production training through the "APEC Sustainable Development Training and Information Network.275  Promotion of green chemistry through incentive systems. a new international framework needs to have been negotiated and ratified that can deliver the stringent emission reductions prescribe by the Intergovernmental Panel on Climate Change (IPCC). manufacture.

and in the utilization of their own natural resources in their ancestral lands and domains. As equal partners of development.Democratic Deficits in the Philippines: What is to be Done?  Promoting ISO 14000. there can only be true empowerment if the IP communities have full control over the resources that they actually own. which involves voluntary actions by industry to establish environmental management systems and committing to continuous improvements in environmental performance Focusing on the special needs of the small.279   145 . including the right to develop their own Ancestral Domain Sustainable Development and Protection Plans or ADSDPPs as the blueprint of the IP community for their preferred development agenda. Thus.‖ Such activities include mandatory representation in local and national policy making bodies. We believe that the FPIC should be used only for projects which do not require the utilization of natural resources such as housing projects and the establishment of military installations. In the medium-term. particularly those related to food security and reforestation. there is a need to ensure that programs for IPs are grounded on the rights-based approach. future generations of IPs will still be able to make their own decisions in the utilization of those natural resources.and medium-sized enterprises (SMEs) Promoting cleaner production technologies that help minimize or eliminate greenhouse gas emissions. IP communities will be able to reap more economic fruits through a just share of revenues from the commercial exploitation of their natural resources.278 and priority development programs and projects. Immediately promote the exercise of priority rights as provided by the IPRA.   Need to Protect the Rights of Indigenous Peoples We recommend the following measures to be implemented immediately in ensuring the integrity and capability of ancestral lands that serve as ―environmental havens‖ and ―carbon sinks:‖  Various activities may be carried out immediately to facilitate the assimilation of the indigenous peoples‘ struggle into the minds of men and women in the present generation and for generations to come by promoting a better understanding and appreciation of the indigenous peoples‘ ―ways. thus leading to the general public‘s greater acceptance of bio-cultural diversity in the country. The exercise of priority rights will ensure respect for the environment and more importantly.

the operations of mining and logging groups in areas near or within that of the IPs must be monitored in order to address the environmental issues brought about by these operations. and other concerned government agencies through the harmonization of conflicting laws on the delineation and titling of ancestral lands. There is a need to immediately enhance coordination and cooperation of concerned government agencies such as the NCIP. In the long-term. In the medium-term. DENR. This is in support of the advocacy for environmental justice recently adopted by the Supreme Court which embraces two key objectives. the government and civil society must work closely with various IP communities through their leaders in strengthening the IPs management over carbon sinks in their respective ancestral domains. as well as the adoption of other mitigating actions in addressing the negative impacts of climate change.280 The new writs to protect the environment formulated by the Supreme Court mentioned earlier constitute a significant step in this direction. Department of Social Welfare and Development. in supporting the various projects contained therein. 146 . and the implementation of soil stability measures (e. In the long-term. the government must be able to complete the geo-hazard mapping of all regions in the country. Second is the reduction of overall environmental damage. There is a need for the NCIP to liaise with the various Local Chief Executives and legislative bodies in the country‘s political units so that the community-formulated ADSDPPs may become an integral part of the respective development masterplans of local government units. the government must facilitate the funding for and to actualize the various ADSDPPs by coordinating with potential donors and local government units.Democratic Deficits in the Philippines: What is to be Done?  In the short-term. First is the fair distribution of rights and responsibilities among communities. and the enhancement of natural vistas. such as those resulting from mining activities. the government must create compensation mechanisms for indigenous communities that have contributed to environmental protection.. This is to ensure that the livelihood and well-being of the IPs are not adversely affected. reforestation and planting in river banks and sloping areas) for landslide-vulnerable areas. biodiversity conservation.g.     Need for Access to Environmental Justice In the long-term. and the management of resources within ancestral domains/lands. there is a need to establish a civil and criminal liability framework that will serve as a deterrent to and facilitate claims for environmental damage. Need for Climate Adaptation and Disaster Mitigation Measures In the medium-term.

the government. Loss estimates would prove useful to decision-makers and the public. NAMRIA. emergency response and many other applications. Reflecting this. which would then form the basis for a comprehensive understanding of the impacts of natural hazards on the nation. Currently. etc. insurance. evacuation. A fundamental obstacle is the absence of accurate hazard and vulnerability maps. and could be integrated into a national economic development plan. The data so collected would then be in a consistent uniform format. This GIS database would have many benefits beyond natural hazards. for use in natural hazards data collection and mapping. An integrated national natural hazards data and mapping system needs to be designed and implemented. This would consist of the following:  Design of an integrated GIS database for the Philippines. using the GIS database. volcanic hazards. In general. The data and mapping system could form the backbone for the national emergency response plan.) rather 147 . for use in improving hazard maps and risk analyses. These maps would be very beneficial for land-use zoning. etc) should be generated for the entire Philippines. must be able to craft a National Adaptation Plan for Climate Change and pass a comprehensive disaster management law. and would serve during emergency periods as a database for needs assessment and data collection.Democratic Deficits in the Philippines: What is to be Done? A recommendation contained in a study undertaken by the World Bank and the National Disaster Coordinating Center of the Philippines should be pursued: In the Philippines. using the integrated GIS database. in consultation with civil society and communities. and coordinated into a common format. there are inadequate reliable data on the type and amount of Philippine economic activity at risk from natural hazards. earthquake faults and shaking. so as to begin the building of this integrated national natural hazards GIS database. and would greatly benefit from integrating lessons learned in the country around the globe over the past decades. Their efforts should be encouraged. project design. A study has noted that: The disaster management system in the Philippines is based on an outdated decree (dating back more than 20 years). PHIVOLCS and others are all implementing limited GIS databases. geologic hazards. there is a failure to recognize natural hazards as a potential obstacle to long-term sustainable development. there is a widespread emphasis on postdisaster relief and short-term preparedness (forecasting. NDCC. Consistent modern maps of natural hazards zones (flood. Risk analyses should be developed for high hazard areas.281     In the medium-term.

this type of incentive must be accompanied by government policy action to cause it to be implemented. and actions that would need to be implemented to reduce risk. rehabilitate and reconstruct. it is important that the Government explore the use of a contingent credit facility to fund post and pre-event activities. this will require a more careful analysis of the appropriateness of the present funding system. institutional design. for example. including the idea of a catastrophe insurance pool. funding gap. Based on the achievement of agreed output indicators.   Explore the potential for a PCIP:285  carry out a study to assess why the area of insurance remains under-developed in the Philippines as well try to determine its potential for increase. such as livelihood regeneration or tax breaks to affected businesses.  148 . the government together with the private business sector must explore more effective options for financing disaster risk and relieving the burden of disasters from the public sector. and/or contingent credit facilities:283 Development of Fiscal Incentives for Proactive Risk Management at the LGU Level:  to implement proactive disaster management. Explore Contingent Credit Facilities:  to allow the rapid mobilization of funding after a disaster to assess damage. To develop a contingent facility requires that there is sufficient understanding of risk and agreement on the criteria that would trigger withdrawal. which. thereby balancing out the present strong rehabilitation and reconstruction emphasis.282 In the long-term. it would be most effective to create a technical working group including representatives of PIRA. determine the appropriate level at which the contingent facility could be developed: Federal Government. However. by requiring that the LGUs submit a comprehensive risk management plan for the proposed investments. LGU level and/or PCIP. the LGUs could be rewarded with additional funding to improve their overall disaster management capacity.Democratic Deficits in the Philippines: What is to be Done? than mitigation or post-disaster support for economic recovery. could also be used by IFI‘s284 when financing LGU-led infrastructure development.286 GSIS…and the Office of Insurance Supervisor to develop a workable proposal for a business plan. Given the frequency of disasters in the Philippines. However. in the constantly hard hit area of infrastructure. To do this. that encourage LGUs to include mitigation and prevention activities in their development plans. and regulatory framework for the operations of the PCIP.

It also has a solar energy potential of 1.287 While there are proposals to achieve energy self-sufficiency through nuclear energy. risks and adopting safeguards on disasters. oftentimes. biomass.000-megawatt wind.289 In the long-term. undertook a project to develop DRM modules for integration into the secondary school curriculum. While information on impending disasters and in dealing with disasters is available. At present. Disaster 149 . However. and mini-hydro energy. however. many people and communities – especially in the rural areas . facilities in the evacuation centers. NGOs. There is no countrywide public awareness program on DRR. NDCC and DepED. there are uncertainties about the disposal of nuclear waste and the high cost of maintaining nuclear power plants. There are also instances when vulnerable communities that had been already advised to evacuate refused to move out due to inadequate transportation. The teachers are also educated in DRR by including the concepts in Teacher‘s Education Curriculum.do not have access to computers and internet connection. and cannot access this information. The media thru television and radio broadcasting has helped in disseminating information on different types of disasters. The module includes information on disaster preparedness.Democratic Deficits in the Philippines: What is to be Done? For the long-term. often it is not widely or properly disseminated: While much of this information is available online in the NDCC members‘ websites. there is a need to integrate Disaster Risk Reduction concepts in the curricula of both public and private schools: The Department of Education (DepED) is working on including DRR in elementary and secondary curricula. does not fully cover all disaster-prone areas. prevention and mitigation of hazards and risks of natural events to vulnerable communities and areas. The Philippines has an estimated total potential of nearly 80. private and civic organizations and government agencies at both the national and local levels undertake public awareness and information campaigns on disaster risks in many vulnerable areas. the government and the private sector and civil society must together pursue the promotion and undertake the widespread use of renewable energy and promote energy efficiency to cut carbon dioxide emission. Their scope. these campaigns are not systematic and coordinated. and availability of food and medicines.500 hours of power annually at 5 kilowatt hours per square meter per day. education in DRR is still limited in scope and education materials are still inadequate.288 Information campaigns on disaster risk management must be made systematic and well coordinated immediately in all locational areas concerned. in partnership with ADPC.

and in some cases zoning regulations are poorly enforced and/or blatantly violated by some building and housing developers. LGUs are not obligated to submit reports on the utilization of the calamity funds to NDCC or DBM. a Joint Memorandum Circular issued by the Department of Budget and Management (DBM) and the Department of Interior and Local Government (DILG) permits the use of the LCF for disaster preparedness and other predisaster activities. Poor regulation in the construction of buildings and other physical establishments in disaster-prone areas contribute to the risks in these communities. appropriate building codes and standards are set aside to reduce construction costs. Private schools. are not required to include these in their curriculum. d. In some cities and municipalities. there is a need to strongly enforce some laws and policies for disaster risk reduction: Poor enforcement of easement zone regulations contributed to the burgeoning of informal settlers along riverbanks and near coastlines.Democratic Deficits in the Philippines: What is to be Done? awareness has formed part of the learning core competencies under the Science and Social studies subjects in public elementary and high schools. The LCF is five percent of their estimated revenues from regular sources as. b. 150 . However.291 In the short-term. Moreover. which can only be used upon declaration of a ―state of calamity‖ by the local legislative body: In 2003. The location-specific reasons why the landslides and flooding occurred need to be understood to guide recovery and prevent similar disasters in the future. hence it is difficult to evaluate how efficiently the funds are used.292 In relation to natural and man-made disasters. a system for evaluating the utilization and impact of the Local Calamity Fund (LCF) of local government units should be established. Affected slopes need to be stabilized to prevent further landslides and debris flows. however. The changes to the landscape caused by the floods and landslides need to be mapped and understood to prevent future flooding and landslide impacts. Employment needs to be increased in the near term to limit the survivors‘ need to extract additional resources from the environment to meet reconstruction and recovery needs. Many structures do not fully comply with the safeguards required under their Environmental Compliance Certificates (ECCs) and building codes. c. the following findings from a study of the Benfield Research Center are worth considering:293 a.290 In the short-term. many local officials find this instruction unclear because it is perceive to focus only on man-made disasters.

defensive measures in dealing with forest fires.) We also hope that the Climate Change Commission will discuss the relevant points raised in this section. Shelter is a priority. Prioritize the following concerns in the rural areas: areas that may be reserved for smallscale mining. Promote ―green chemistry‖ and other clean technologies through incentive systems. as well as alternate crops to cultivate until rice and normal vegetable production can be restored. i. Efforts need to consider immediate needs as well as proactively reduce the current and expected threat of flooding. Farmers need support to rehabilitate fields. The ―Philippine Disaster Risk Reduction and Management Act of 2010‖ must be improved considering the various points raised in this chapter.g. and the impacts and effects of aerial spraying. g. Strictly implement the provisions of the Clean Air Act.Democratic Deficits in the Philippines: What is to be Done? e. The waste being generated by the clean-up process needs to be disposed of safely. compost) and be used to support the recovery process. h. The trees and other biomass brought down by the floods and landslides need to be transformed into useable assets (e. f. Similar support is needed in the fishing sector. Community-based warning systems need to be established as a priority to reassure at-risk disaster affected populations and minimize similar disasters in the future. Recap of “What is to be done?”     Pursue the environmental development goals contained in Philippine Agenda 21. (See Annex ZD for complete text of the Disaster Risk Reduction and Management Act. Traditional and modern Filipino experience and lessons from outside the country need to be incorporated into reducing the likelihood of damage to shelter in the future. Implement Republic Act 9003 or The Ecological Solid Waste Management Act up to the barangay level.. lumber.   151 . landslides and typhoons. Facilitate exchange of knowledge and experiences with APEC economies in order to build sustainable cities.

the total population of the Philippines was 68. the projected annual population growth rate for the period 2005 to 2010 was 1. Population Status of the Philippine Population According to the National Statistics Office294 (NSO).50 million.95 percent. Implement climate adaptation and disaster mitigation measures such as: o Improve the Disaster Risk Reduction and Management Act o Geo-hazard mapping of all regions in the country and the implementation of soil stability measures for landslide-vulnerable areas o Crafting a National Adaptation Plan for Climate Change o Exploring more effective options for financing disaster risk and relieving the burden of disasters from the public sector.296 In 2000.88 million in 5 years.‖ Establish a workable civil and criminal liability framework that will serve as a deterrent to and facilitate claims for environmental damage.295 In 1995. 2007 was 88.Democratic Deficits in the Philippines: What is to be Done?   Protect the rights of indigenous peoples in order to ensure the integrity and capability of ancestral lands that serve as ―environmental havens‖ and ―carbon sinks.574. and/or contingent credit facilities o Pursuing the promotion and undertaking the widespread use of renewable energy and promote energy efficiency to cut carbon dioxide emission o Making information campaigns on disaster risk management more systematic and well coordinated in all locational areas concerned o Integrating Disaster Risk Reduction concepts in the curricula of both public and private schools o Setting up a system for evaluating the utilization and impact of the Local Calamity Fund (LCF) of local government units o Strongly enforcing zone regulations. it was recorded at 76. the total population of the Philippines as of August 1.298  152 . including the idea of a catastrophe insurance pool. as of last Census of Population (POPCEN 2007). building codes and related laws in support of disaster risk reduction o Implementing disaster mitigation measures recommended by previous studies for countries in similarly situated areas D. Based on the 2000 Census of Population and Housing.614. such as those resulting from mining activities.62 million.297 This translates to an increase of 7.

Democratic Deficits in the Philippines: What is to be Done? According to the World Factbook, a publication of the United States Central Intelligence Agency (CIA), the Philippines is the 12th most populated country, based on 2009 population estimates of 237 countries worldwide.299 (See Annex ZE for discussion of Trends in the Philippine Population.) Lack of information, specifically on reproductive health and on the use of contraceptives, is one of the leading causes of the high population growth rate in the country. According to the United Nations Development Program (UNDP), based on the Family Planning Survey in 2006, only 50.6 percent of married women aged 15-49 use contraceptives.300 Reportedly, many women, especially those belonging to the poor social group, are ignorant on reproduction. Many unplanned pregnancies are a result of misconceptions, such as believing that they are infertile while they are still breastfeeding. Others have not even heard of contraceptives, while some of those who have were afraid of its side effects and refuse to use them. The Reproductive Health Bill or RH Bill which aimed to step-up the promotion of natural and artificial contraceptives was not passed during the 14th Congress. The RH bill has been one of the most controversial bills as it has been met with formidable opposition in this predominantly Catholic country. And in this country where a number of religious groups practice bloc voting during elections, for many politicians who will be seeking re-election, it would seem a political suicide to support this bill. This has been seen as one of the major reasons for the ―death‖ of this bill. (See Annex ZF for complete text of the Reproductive Health Bill.) Increased life expectancy and decreased infant and under-five mortality rates have also contributed to the growing population. In 1950, the life expectancy at birth was only 43 years. In contrast, the life expectancy of both sexes in 2005 was around 68 years. 301 In terms of infant mortality, from 1990 to 2006, the number of infant deaths per 1,000 live births decreased from 84 to 32 deaths.302 Under-five mortality rate also improved from 64 deaths for every 1,000 live births in 1993 to 42 deaths in 2003.303 Overpopulation is a major cause of concern as it results in a host of problems especially in a third-world country such as the Philippines where resources are scarce. Firstly, the high number of children which is most common in poor families is seen as the main reason for so-called hereditary poverty. Poor families are already having difficulty in providing their children with the most basic needs such as food, clothing and shelter. Many children are deprived of realizing their full potential and becoming productive citizens as a result of lack of education and adequate health care. Overpopulation also dilutes social service delivery. According to Dr, Merceditas B. Concepcion, a member of the Commission on Population Board: 153

Democratic Deficits in the Philippines: What is to be Done? Swift growth in numbers hampers improvements in health and in the delivery of health services in several ways. First, in the face of economic stagnation, it is difficult to maintain, and more so, upgrade services for the growing number of people. Second, elevated birth rates generate a sizable fraction of young children in the population – the group with the highest illness and mortality rates in developing countries and hence, with the utmost need for health services. Third, too many births as well as those that are closely spaced are linked with high rates of maternal and child mortality. 304 In addition, the expanding elderly population, which was pointed out as one of the factors for overpopulation in the country in recent years, also signifies an increase in health and social service requirements. Unequal Distribution of Population Across Regions As shown in previous sections, there is unequal distribution in population across regions. CALABARZON, NCR and Central Luzon comprise more than one-third of the total population of the country. The average population density of the Philippines in 2007 was 260 per square kilometer. The densest region however, NCR, posted a very high figure of 18,650 per square kilometer. In contrast, the region with the lowest population density, CAR, posted only 78 persons per square kilometer. The high density of population, particularly in highly urbanized cities, results in problems in housing, unemployment, crimes and unhealthy situations. Ageing and Depopulation In overpopulated countries, focus is given on arresting the growth of population. There are countries however who are now experiencing the negative effects of depopulation or under population. Michael Meyer, in his article ―Birth Dearth‖ (Newsweek, September 27, 2004), reports that, ―the world‘s population will continue to grow—from today‘s 6.4 billion to around 9 billion in 2050. But after that it will go sharply into decline….‖ The impending issue of depopulation should also be given consideration. populated countries are now feeling its negative effects. Under

The expanding elderly population is seen as a major issue that will heavily impact on the depopulation phenomena. The lack of replacements for the previously productive ageing 154

Democratic Deficits in the Philippines: What is to be Done? citizens poses a big problem. When Total Fertility Rate (TFR) goes below the replacement level, a country will find itself lacking a sufficient work force. This will force under populated countries to resort to hiring skilled and non-skilled workers from other countries, as in the case of under populated countries now. What is to be done? It has been suggested that there are only two alternatives to address overpopulation. One is to decrease population growth or increase resources to be able to provide everyone with quality standard of living. As countries are forced to operate on resources which are available to them, the only recourse left is to control population growth. And on this, the only way is through birth control, or in other words promoting the use of natural and artificial contraceptives in order to enable families to have the family size that they desire and can support. That the major cause of unwanted and unplanned pregnancies is mostly due to lack of information on reproductive health and low contraceptive prevalence rate, indicates that there is indeed a need to disseminate information and give the people the right to choose and a chance to determine their families‘ size. Thus, it is crucial that initiatives such as the Reproductive Bill be passed and enacted. Out-migration of families to other countries is a trend that may have to be supported more vigorously in order to manage population in the country. The Philippines may already be considered a country whose citizens are spread throughout the world as migrants and Overseas Filipino Workers (OFWs) but are able to contribute billions of pesos annually to the local economy. In the case of increased ageing population, steps must be taken to put measures in place in anticipation of this trend. During the 1990s, there were discussions on the possibility of an SSS and GSIS merger. Today, many legislators and government officials have expressed support to a proposal to merge the SSS and GSIS. The Senate Committee on Government Corporations and Enterprises is presently considering a bill merging the SSS and the GSIS. According to Senator Richard Gordon, head of the committee, the merge would strengthen the SSS.305 Senator Sergio Osmeña also proposed the merge to settle the problem in the release of pensions and retirement benefits. At the same time, Senator Manny Villar suggested that the Department of Finance conduct a study on how much the government will save if the SSS and GSIS merge. The Department of Finance has conducted such a study of radical reform of merging the two corporations in 2000 but it did not materialize.306

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Democratic Deficits in the Philippines: What is to be Done? In 2003, Senator Ramon Magsaysay, Jr. expressed an urgent need for new legislation to amend the SSS Charter to include the administrative merger of the SSS and the GSIS. He justified the merger as follows: 1. The national government as the ultimate guarantor of the SSS and the GSIS would have the opportunity to rationalize the cost of these two programs and provide a common standard of old age protection to all workers, regardless of sector of employment. 2. We cut down on bureaucracy cost. 3. Investment opportunities for the consolidated fund would expand because of the sheer size of the unified fund.307 Antonio C. Asper, Executive Assistant for External Affairs of the Federation of Free Workers, in his study, recommends the following reforms308 in the SSS: Structure and Design a. Restructure the SSS into a two-pillar scheme—downscaled defined-benefit and appropriate defines-contribution schemes. Under the proposed defined-contribution scheme, members are allowed to save for their own pensions. b. Periodically examine these schemes to ensure that benefits and contributions are aligned at all times. c. Increase the contribution rate on a staggered basis from the current 9.4 percent up to a rate that will synchronize contribution rates with benefit payments. The need to increase the contribution rate will be able to ensure viability of the Social Security Fund for a longer period. Administration a. Increase the number of inspectors and lawyers to prosecute employers who do not comply with the Social Security Law. In 2003, more than 300 additional account officers were fielded to monitor delinquent accounts and payments of employers. The account officers were tasked to look into the billings and payments of companies and crack down on those who did not comply with the Social Security Law. b. Review staffing patterns if it is to be converted into a two-pillared scheme. The employees who will be affected by the scheme need to be given employment or financial assistance. c. Improve the delivery of basic services. To reduce the processing time for benefit claims and loan applications, the Covenant of Service Program (COS) was introduced in 2001. The implementation of phase two of the program will further shorten processing time. 156

b. 2.4 percent of workers‘ monthly salary to 16 percent to 22 percent in a span of six years (only 1 percent has been approved so far).311 The consensus on establishing a partially funded pension system is embodied in the existing government reform program that aims to establish a three-pillar system.310 The country‘s rapidly ageing population. (2) a system of individual savings accounts funded by both employees and employers. (1) a PAYGO pension financed by pooling funds citywide. strong economic growth and high return on capital mean that ―a funded pension system would be more efficient than a PAYGO system.Democratic Deficits in the Philippines: What is to be Done? Fund Management a. By redefining the CYS. Redefine ―credited years of service‖ or CYS (the sum of the number of years from the year of coverage to 1984 and number of years where the member has at least 6 contributions in a year. 3. and (3) a supplementary pension funded by employers. Consider the proposal of selling or restructuring housing loans. such as merging the SSS and the GSIS to rationalize the cost of these two programs and provide a 157 . The SSS has proposed several corrective measures. starting 1985) which determines the amount of pension benefits. Lessons from Western countries showed that a national social security program with a PAYGO system is unsustainable. to wit: 1. Outsource fund management to professional fund administrators. the computed pensions will be more equitable in relation to how much the member has actually contributed. Increase the maximum and minimum monthly salary credit along with an increase in benefit payments.312 Recap of “What is to be done?”  Control population growth by lowering the incidence of unplanned pregnancies o Provide information on reproductive health o Allow people to determine their family size by providing them with information on the use of natural and artificial contraceptives   Promote regulated out-migration of families Put measures in place in anticipation of the increased ageing population. to wit. Increase the contribution rate from 8. We can learn from the experience of China which has restructured its pension system since 1995 by combining the PAYGO system309 with a funded system relying on individual savings accounts.

not only the building of new roads.8 percent of gross national product (GNP) in 1997 to just 18. and the Mindanao region.5 percent despite political upheaval and a short adjustment period from the Marcos dictatorship back to democratic rule.315 Yet. but also the broadening of the telecommunications sector—which includes telephone and mobile networks. but a major chunk of this growth also comes from foreign participation and investment in major sectors of business.316 Although the Philippine economy has proved quite resilient to external shocks and changes in economic policy over the past five years—while many of its neighbors suffered deep 158 . the gross domestic investment in the Philippines declined from 23. most especially in terms of economic growth and development? The country has had a long history of private sector-led economic growth. are we called the ―Sick Man of Asia.107 islands and rich in natural resources. Also. being one of the centers of marine and land biodiversity in the world.1 billion to just US$0. Following the Asian financial crisis of 1997. Why then. telecommunications. like in retail trade. another important factor is the liberalization of the power sector. islands like Palawan and Cebu. aside from having a coastal area longer than even that of the United States.Democratic Deficits in the Philippines: What is to be Done? common standard of old age protection to all workers. Also. economic growth remained steady at 2.313 Efforts of previous administrations in the 1990s to liberalize the economy and develop pro-business economic policies should also be considered as one of the most important contributions by the government to economic growth. which led to 95 percent of the country‘s gross domestic product (GDP) and 92 percent of the employed workforce in recent times being generated by the private sector. the Internet and other media—the vibrant competition and development of numerous. which paved the way for 35 new projects to deliver electricity more efficiently to the public. As for infrastructure.314 Foreign investors became significant players in various industries like banking and manufacturing.1 percent in 2002. From 1980 to 1997. this economic history of the Philippines is also marked with losses as well as gains. Public-Private Sector Partnership Macroeconomic History and Overview of the Philippine Economy The Philippines has 7.‖ and are now lagging behind all our neighbors here in Asia. and foreign direct investment (FDI) dropped from US$2. Partly this could be attributed to the entrepreneurial culture and skilled workforce of the Filipino people. boast of breathtaking tourist spots that attract thousands of people every year.1 billion in 2003. privately-owned business networks could be attributed to all these. regardless of sector of employment E. banking and infrastructure. It also has one of the largest mineral deposits in terms of mineral ores.

which contributes approximately 50 percent of GDP in recent years.319 The Philippines remains high in domestic savings due to the remittances of Overseas Filipino Workers. however.Democratic Deficits in the Philippines: What is to be Done? recessions during the post-Asian crisis years of 1998–2001—the Philippine economy continued to grow at an average pace of 2. GNP growth is 3. Singapore and Malaysia who all suffered economic contraction at -2. versus an investment rate of 15 percent.320 The national savings rate is at 30 percent.9 percent. reflecting the fast pace of consumption and demand for telecommunications and food services. relatively better than our neighbors Thailand. respectively.317 The following indicators currently showcase the economic status of the Philippines. and forestry at 15–17 percent. against Malaysia and Singapore‘s 29 and 20 percent. for 2009:  GDP growth is 0. -2.0 percent. followed by industry/manufacturing at 32 percent and agriculture.5% per annum.5 and -1.321    159 . Despite these gains. fishing. Figure 2 GDP Growth 1997-2003 Philippines The economy is dominated by the services sector.318 Our net exports (exports minus imports) accounted for only 0.8. which is broken down into 4 percent public and 11 percent private. The services sector has also had the fastest growth rate.4 percent of the country‘s GDP. the rapid pace of population growth has led to a fluctuating gross domestic product (GDP) growth rate from 1997 to 2003 (see Figure 2).2 percent GDP growth in 2009 respectively.

325 Servicing this debt crowds out other important government expenditures for basic services for the Filipino people.3%) and sugarcane (-10. especially those of health and education. and a reliable. there is a negative growth (-3.8%) in agriculture. 2010 article in the Philippine Daily Inquirer. As the government looks to support private sector development in the country.326 The Role of the Private Sector According to the ADB Philippines Private Sector Assessment. which grew by 11 percent. amounting to more or less 73 percent of total GDP. economic adviser to the Arroyo administration Joey Salceda mentioned that ‗historical structural factors…have persisted and are tougher to get undone despite deregulation.6%). although its share dropped to 66 percent as a consequence of the Asian financial crisis as the economy contracted and the government intervened to revive growth. efficient mechanism for dispute resolution.328 However. better administrative performance from government institutions.329 160 . the private sector dominates the Philippine economy generating on average 95 percent of GDP and accounting for 85 percent of total expenditure during 1991–2002 period. It also contributes on average 65–75 percent of total investment. Rising real wages due to successive rounds of minimum wage increases have not been matched by concurrent rises in productivity. it needs to create a better environment for private investments by building more competitive markets. liberalization and privatization.327 Private enterprises employ 92 percent of the registered workforce but have not been able to keep pace with the growing number of job seekers since the Asian financial crisis. and finance (banks and insurance).323  National debt was approximated at US$55 billion in 2003. the total national government outstanding debt has reached PhP5. Public-Private Sector Relations In a March 8. there is a significant decline in growth of palay (-3.322 However. the overall productivity of the private sector is low and declining.‘ This refers to the oligarchies that continue to ‗exploit‘ the business environment in the country.324 As of January 2010. which grew by 17 percent.063 trillion. the sector in which the rural areas depend on for livelihood.Democratic Deficits in the Philippines: What is to be Done?  Two industries particularly stand out with double-digit growth in the 4th quarter: Mining and quarrying. maintaining a credible regulatory oversight system. There has been decreased productivity and competence because of the presence of monopolies and oligarchies which control a huge chunk of the domestic (and even international) business sector.

Australian-New Zealand. As Dr. the Philippines was ―basically an agricultural country trying to industrialize…today. an advertisement in the Philippine Daily Inquirer last February 15.331 One of the major problems in the relations between the government and the private sector—just like that in the macro level where it appears to be pervasive—is corruption. it 161 . However. Also. Also.Democratic Deficits in the Philippines: What is to be Done? Also. failure of our economic growth to translate into poverty reduction.330 Major Challenges Macroeconomic View Cielito Habito states that the three key challenges facing our economy are the following: 1. the issue is to reduce it from being widespread and rampant to a status that is negligible. and c) the threatening of the government to use force in the confiscation of future shipments. the Philippine government still appears to be riddled with the presence of corrupt officials at all levels. 2010. which example may lead to disastrous effects in the relations between the government and the business sector in particular. which are dedicated to prosecuting and bringing erring officials with cases of corruption to justice. Canadian. there are agencies like the Office of the Ombudsman and the Sandiganbayan. by the Joint Foreign Chambers of the Philippines (American. 2. Leadership and good governance are the factors that could tip the scales in controlling and eradicating corruption. predictability. According to Amado Macasaet.333 Corruption is not a problem only in the Philippines. weak government finances. due process and no retroactive changes for better relations with the business sector. another major challenge is setting goals and priorities. Corruption always has had negative effects on a country‘s development. it is also a problem in many other parts of the world. Japanese. and 3. b) the government needs to practice consistency. However. Gerardo Sicat of the UP School of Economics states: In a country where corruption is a problem. creating enormous rents332 for some groups that participate in the operation of the system. it is assumed that corruption greases actions in the system…a country that is run on such grease is oftentimes full of regulations and rules that are impractical. Korean and Pamuri) concerning the dispute between government agencies and Pilipinas-Shell: a) double taxation (of intermediates and final products) seriously hamper the growth and development of the manufacturing industry. fairness. low levels of investment. European. Political will is required to enforce policies and give appropriate sanctions to those who still make transactions outside the law.

There are too many laws with the thrust of economic growth in mind. Particular care will need to be taken in the design. the initial orientation of industrialization in the Philippines was mainly import substitution. we are challenged with numerous policy mismatches. ―economic development programs are invariably crafted during the election period. implementation. Policy restrictions on trade and industrialization also took its toll on the economy. vested interests and systemic corruption will continue to make this process very challenging. An example is the required policy to augment capital investments in the country.Democratic Deficits in the Philippines: What is to be Done? can neither rely on agriculture nor industry as the main drivers of the economy.‖336 Weeding out the useless and outdated laws that try to spur growth. the perception that foreign and domestic capital competed with each other embedded a negative image in the Philippine psyche. Studies also show that there is a high rate of unemployment and underemployment in this country. not really to make the economy grow.340 Also. Also. and monitoring of programs to ensure that sufficient political will exists to support them.337 The mismatched policies were at work for several decades—thus affecting capital adversely. governance reform essentially means establishing and enforcing a rulebased business environment that encourages investment and rewards fair competition. As stated by the ADB: 162 . Governance reforms should therefore form the central tenet of ADB‘s sustainable private sector development strategy for the Philippines.‖ 334 This is because. Policy mismatch on the part of the government—an encouragement of more capital-intensive industries and the neglect of many labor-intensive ones—deterred the growth of jobs in relation to the labor supply.338 thus. and the actual policies that the government adopted.339 Zooming In on Public-Private Sector Relations For the ADB. the government adopted the policy of limiting contribution from foreign capital. In the Philippines. economically active individuals. a reduction of political interference in the markets is important.‖335 He further asserts that these policy directives are ―pieced together mostly by politicians or economists with strong political leanings…programs are calculated to attract votes. or battle corruption. In the current context. Sicat also notes that the growing population poses a threat to the labor force. Macasaet writes. and yet the country still continues to slump deeper into poverty and income inequality. the large chunk of the country‘s population depends on the fewer. but are not really doing their job—this is a problem that has not been solved until now. As Sicat also notes. instead of encouraging foreign capital together with domestic capital.

344 Local businesses may be optimistic in terms of access to financing. ATO342 and PPA343 combine policy. but none is financially independent or effectively free from political influence. Also. Also. 163 .‖ According to Hutchcroft. Paul Hutchcroft calls ―Booty Capitalism.Democratic Deficits in the Philippines: What is to be Done? [This is possible] by strengthening the independence of sector regulators and giving them sole authority over utility tariffs.‖346 This cycle starts when wealthy businessmen and even business groups with vested interests finance candidates‘ campaigns during elections.341 Building credible and independent regulatory oversight is also part of the ADB‘s list of recommendations for better private sector development: Due to the natural monopolies associated with many infrastructure investments.‖ If the candidate wins.‖347 definitely the politician would feel compelled to help the business people in any way he could.345 however. as part of the Filipino psyche of ―utang na loob. regulating bodies must be independent of policy-making agencies and free of any conflict of interest when implementing sector rules.. regulations and red tape are what they see as major constraints to investments and business. To be effective. limited access to the right information restrains the public and the businesses to estimate and approximate the economic environment.g. he/she would repay his financers by developing policy measures which favor the business. regulatory and operational responsibilities. or even disregard past transgressions they incurred against the public or the government. The public-private sector relations in the Philippines is riddled with many problems and challenges that need to be faced head-on. privatizing the remaining nonstrategic GOCCs and unbundling the commercial and regulatory roles of government agencies wherever they coexist (e. economic regulation is necessary to balance the public interest. One major challenge to the Philippine government is the rampant practice of what Dr. In the Philippines. This is the basis of the statement that ―the best investments happen every six years. this exists where ―the state is dominated by powerful business groups who finance electoral exercises and use politicians and the machinery of government to further their economic interests. In the case of the transport sector. Philippine Ports Authority). thereby undermining their impartiality vis-à-vis private investors. but also to make the ‗help‘ worthwhile. regulators exist for each major infrastructure sector. it could be considered that. not only to pay off what they spent for his campaign. Air Transportation Office. This weak regulatory framework has resulted in formal legal challenges to almost every major regulatory decision and investment transaction.

According to Habito. Competition in international trade reduces the power of monopolists and cartels. unless there is a ‗more trustworthy‘ government than what we have now. poverty. and the buyer getting a good price – so long as the trade happens as a result of competition and not of monopoly. Tax evasion is also a major challenge to the system. and that 4. in his presentation entitled ―Reflections on Philippine Development Challenges and Governance. as a considerable percentage of the Philippine GDP (roughly 14 percent)349 comes from overall tax revenue. Sicat. Lastly. 2. Gerardo P.‖ gives these propositions in economics that ‗are important in the analysis of Philippine economic issues:‘352 1. [Contrived] monopoly leads to higher prices and smaller output.‖348 This gives them greater wealth. Thus. According to Romulo Neri. Competition in the market leads to lower prices and to more output in general. the key to poverty reduction is generating greater economic value and higher income through higher productivity. this ―very ability to distort policies allows them to capture economic rent. which allows them to finance the next election. The combined impact of these policy distortions and our having weak state institutions makes it harder for foreign investors to develop and manage their investments in this country. Romulo Neri explains. So. Trade benefits all parties in the transaction: the seller earning something in return. low investment rates lead to low economic growth. and would eventually lead to high unemployment rates. a weak tax system is also a deficit of the government. 3. economic rent being extraordinary profits which make them extraordinarily rich. Specialization in production that is encouraged by the principle of comparative advantage enables a country – or producer – to become low cost and able to expand in the world market.Democratic Deficits in the Philippines: What is to be Done? True enough.353 164 . and how can we achieve the best possible results? Dr. ―taxpayers evade paying the proper amount of taxes on the belief that doing so would only feed corrupt pockets. how does this work. this practice adds political power to the already present economic power the oligarchic elites hold. and it is one ideal (yet elusive) environment for economic growth and development. and it distorts the demarcation between the private sector and the government. poor social services and a very low respect for the law. we cannot expect tax collection efficiency to improve.‖350 He further added that.351 A reduction in poverty means a higher standard of living. What is to be done? As Dr.

the ‗short-run convenience of apparently popular policy choices introduces distortions in the economic outcomes that lead to high cost in the long 165 . Sicat. Sicat. would lead to a more efficient economy wherein there are equal opportunities for producers and consumers. creating jobs would help people ‗have a basis for hope. Also.‘354 and second. first. streamlined and aligned with the updated investment priorities. and the telecommunications sector would help in the quality of product transportation and develop faster and more efficient business transactions. Improving the physical environment. there will be a scarcity in labor. which will give rise to higher incomes and an improvement in skill competencies in the labor force. scarcity in labor ‗creates demand for greater productivity of labor because higher wages would demand a greater number of investments per labor. Investment incentives provided in various laws should be reviewed. True enough. another one of the major recommendations for improving public-private sector relations in the Philippines is to review laws which have been set for the economy.Democratic Deficits in the Philippines: What is to be Done? These propositions. After this. when used as bases for developing economic policies. According to Dr. Also. He gives several reasons for his recommendation.‘355 gain a positive outlook and not ‗get desperate in looking for all kinds of solutions…which makes them susceptible to any offers of cures.‘358 Dr. and where there is no individual or firm that could dictate on market processes to their own advantage. According to Dr. roads. it is easier to allocate resources and achieve social goals when there is economic growth. there should be no special treatment for a particular set of businessmen or companies.e. and investment. that gainful employment ‗keeps people busy and away from mischief. including the investment incentives that go along with them. Definitely. since poverty takes place without apparent reduction. This should build an environment that encourages investment and rewards robust and fair competition. it would be easier to build a more peaceful. one other important problem to address is strengthening the poor physical infrastructure of the country. the government should properly implement rules and regulations for the business sector that will bring about more jobs for the citizenry. especially those which deal with tariff and trade.‖356 Giving stability to employment through a ‗sustained rise of output and productivity‘357 creates an assurance in the people of improving welfare standards in the country. employment creation is what the government should really prioritize. A strong political will to implement and enforce laws may be one of the best solutions to defeat nepotism and the prevalence of Booty Capitalism in the country. As the gaining rate of employment is sustained. and revise those which seem to be outdated. sometimes. including those suggested by radicals and charlatans…. equitable and harmonious society. Sicat even further states that as the economy grows. i.

Investments done by private companies in research and academic institutions to develop solutions should be commended and even encouraged. however. According to Rafaelita Aldaba. these SMEs are ‗viable source[s] of potential investments to fill the gap. instead of building a stronger economy in the long run. as Habito asserts. these banks charge higher interest rates than what they charge the bigger companies.363 A stronger push for agricultural and natural resource research and development programs jointly pursued by both the government and the private sector would definitely increase productivity in these two major sectors. An example of this.365 As Habito concludes. 166 .‘364 Extending SME loans seems to be a problem for banks.361 As the firms are exposed to outside competition.367 These are the sectors that could very well create jobs for the unemployed Filipinos. Sicat states.‖359 Many of these policies counter market principles and thus. ―growth built on a flourishing SME sector should do it. it could also be an opportunity for companies to employ competent and efficient workers whom they have already previously worked with. Thus. as Dr.‖366 Finally. True enough. as Habito states. The government is also expected to provide the necessary support to strengthen competitiveness by lowering the costs of doing business. The crisis was a result of people-pleasing policy directives that the government decided upon for short-run gains. the government should consider lifting interest rate caps to increase credit flows to SMEs and pull up investment rates.368 Expanding opportunities in agriculture and tourism should be one of the priorities when addressing unemployment and underemployment. the real sources of hope for the jobless are agriculture and tourism. one other recommendation is to prioritize drafting policies and programs ‗geared toward facilitating the exit of inefficient firms and entry of new ones. is the root of the fiscal-crisis program of recent years. since they prefer lending to larger companies. like in the case of Thailand. These programs could also help students and members of the academe to find stable jobs as part of research and development teams for private companies.‘360 Protecting inefficient firms that have no chances of exporting or surviving domestic competition should also be avoided.Democratic Deficits in the Philippines: What is to be Done? run. becomes detrimental to the state of relations between the market and the government. The creation and maintenance of a better finance environment for small and medium enterprises (SMEs) is also important. restructuring processes362 will be easier to undergo. who are usually the young and undereducated. we agree with Habito that the government needs to look beyond the business process outsourcing (BPO) industry to provide jobs for the unemployed in this country.

including the investment incentives Properly implement set rules and regulations for the business sector and removing special treatment for a particular set of businessmen or companies.‘ Push for agricultural and natural resource research and development programs jointly pursued by both the government and the private sector to increase productivity in these two major sectors. Review laws which have been set for the economy. Improving the physical environment and the telecommunications sector would help in the quality of product transportation and develop more efficient business transactions. Strengthen the poor physical infrastructure of the country.Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?”  Creating jobs is what the government should really prioritize. Create and maintain a better finance environment for small and medium enterprises (SMEs). and investments. and revise those which seem to be outdated. giving stability to employment through a ‗sustained rise of output and productivity‘ creates an assurance in the people of improving welfare standards in the country.        167 . Expand opportunities in agriculture and tourism to address the unemployment issue. especially those which deal with tariff and trade. Prioritize drafting policies and programs ‗geared toward facilitating the exit of inefficient firms and entry of new ones.

In carrying out the Communist struggle in the countryside. Insurgencies This section shall discuss the Communist insurgency and the Moro issue which have persisted in the Philippines for the past decades. the urban-based legal democratic mass organizations under the broad alliance banner of the Movement for a Democratic Philippines were outlawed and forced underground.000. 1968. 168 . who had been elected chairman of the Central Committee. On March 29. As of latest date. 1973. the New People's Army (NPA) was established. base itself in principle on organs of political power built at the village level and facilitate the formation of united front committees and secret cells at higher levels. A. however. Amado Guerrero reestablished the Communist Party of the Philippines under the guidance of the theory of Marxism-Leninism and along the general line of national democratic revolution. only a few months after the reestablishment of the CPP. A Short History of the Communist Insurgency in the Philippines369 On December 26.000 members were of cadre quality capable of leading at least a committee or a squad. yet it is estimated to have grown into a definitely larger number than listed in 1988. the CPP-NPA-NDF increased its membership to 35. Guerrero. the numbers are not exact. the National Democratic Front (NDF) was organized ―to embrace the underground mass organizations. Party cadres and mass activists had to be absorbed by the urban underground and by the revolutionary movement in the countryside. on April 24. 1969. SPECIAL CONCERNS This chapter will detail some democratic deficits on special concerns like the continuing Muslim and Communist insurgencies and food security.Democratic Deficits in the Philippines: What is to be Done? IV. land reform and mass-base building. mainly organized through a legal peasant association and administered by barrio organizing committees. the CPP has incorporated armed struggle.‖371 As of Liwanag‘s writing in 1988. Out of the total membership. Thus.000 through the urban and rural revolutionary mass movement—in central organizations and in fourteen regional Party organizations. The peasant mass base there was about 80. armed with nine automatic rifles and twenty-six single-shot rifles and handguns in the second district of Tarlac province. subsequently wrote and issued Philippine Society and Revolution in 1969. 5. This was facilitated by the ―conjoining of the proletarian cadres from the urban areas and the fighters of the old people's army.‖370 The NPA started with sixty fighters. Upon the declaration of martial law in 1972.

Democratic Deficits in the Philippines: What is to be Done? (For a more detailed history of the CPP before its reestablishment in 1968.374 It reached its height in 1971 when the Moro National Liberation Front (MNLF) declared an armed struggle with a demand for an independent state for the Bangsamoro. and some Moro families and key persons worked closely with the government to achieve the integration of the Muslims‘ land. However. the term ‗Moro‘ was coined by the Spanish colonizers to refer to the Muslim inhabitants outside of the capital. which were led by the Bangsamoro Liberation Organization of Datu Rashid Lucman of 169 .376 integrationist ideals gave way to secessionist ones. in subservient collusion with foreign imperialist powers.373 Their struggle for self-determination dates back to the late 16th century with their fierce resistance against the Spanish invasions in the southern regions of the country. the Secessionist Option (19681976). Although the Americans replaced the Spaniards as the colonizers of the Philippines in 1899. corrupt and profligate Filipino elites whose oppressive and exploitative domination of and stranglehold on practically every aspect of life in this country. the Moros were still resistant to their integration into the mainstream politics. Manila. could possibly be divided into three parts. and the Separatist Alternative. The Integrationist Approach started after the end of the Pacific War and subsequent proclamation of Philippine Independence. in 1968. The present armed conflict is a continuation of the long history of the Moro people‘s struggle against all forms of colonization and subjugation. please see Annex ZG. Tan‘s book ―Internationalization of the Bangsamoro Struggle‖. They sought self-respect. culture and customs into the new Filipino republic.375 The Moro struggle. which lasted from 1976 till 1990. according to the thrust and main ideology ruling each section: the Integrationist Approach (1946-1968).) A Short History of the „Moros‟ in Mindanao and the Mindanao Struggle “There can never be significant changes and reforms in a colonially-manufactured synthetic nation-state governed and perpetually plundered by greedy. after the Jabidah Massacre. and acknowledgment of their differences in various aspects of life from the rest of the Philippine territory. dynamic participation in all areas of social development and dignity alongside their men. 2006)372 What is the „Moro Issue‟? Originally. can only be dismantled if the Philippine nation-state itself is dismantled and the captive nations which make-up its components recover their respective sense of nationhood and are subsequently liberated…no choice is left for the Bangsamoro nation but to free itself from this environment of insecurity and the prospects of a bleak future…” (Alonto. culture and way of life of colonial Manila. an active. in Samuel K.

the Joint Agreement on Safety and Immunity Guarantees (JASIG) was mutually approved to protect the panelists. Misuari‘s ideology primarily promoted the view that a ―Moro Nation‖ had really existed even long before the Spanish colonization of the Philippines. The government also condemned the use of landmines by the rebels in their offensives as violation of the Comprehensive Agreement on Respect for 170 . (For a more detailed history of the three subsections of the Moro struggle.Democratic Deficits in the Philippines: What is to be Done? Lanao.) Government Responses to Communist Insurgencies According to Liwanag. socioeconomic reforms and disposition of forces that are the core of the present armed conflict. Following the Tripoli Agreement in 1976. however. the CPP has even ―consistently sought unity.‖377 But since the latter half of 1969. and that this Moro Nation that he spoke of was inherently separate from the rest of the Philippines. cooperation and coordination with the MNLF as well as with other forces of the Moro people even as the Party criticized their acceptance of regional autonomy within the framework of an oppressive state as provided in the Tripoli Agreement. the government suspended the JASIG as a response to the NDF‘s persistent refusal to peace negotiations and continued atrocities committed by the rebel forces. On October 5. which gave rise to the idea of a Separatist Alternative from 1976-1990.‖379 The rebel group had broken off formal negotiations last year and cited government‘s failure to honor agreements it had forged with them. Nur Misuari spelled out the ideological backgrounds and thrust of the MNLF through press releases and public speeches.‖378 Apparently. Also. the government had concentrated the Task Force Lawin and organized the "barrio self-defense units" (BSDU) to operate against the NPA. the NDF postponed formal negotiations with the government ―to comply with its obligations‖ according to the Hague Joint Declaration approved in 1992 and other agreements. In December 1970. the government proclaimed the elimination of the NPA and the peasant movement. The declaration proclaims ―the need for peace talks to address the roots of the conflict and arrive at reforms…At least three substantive issues awaited discussion: constitutional reforms. 2005. In fact. The most concrete means of compromise between the government and the Moros was the 1976 Tripoli Agreement. which was signed under the Marcos administration. please see Annex ZG. NDF spokesman Luis Jalandoni admitted that ―the chance for peace talks is already dim. as NPA units had been destroyed. In 1995. the peace dialogue with the National Democratic Front (NDF) is at a crucial juncture.

as part of the global ―war on terror. and it was highlighted with more casualties.Democratic Deficits in the Philippines: What is to be Done? Human Rights and International Humanitarian Law (CARHRIHL). the CPP-NPA-NDF was named by the US as one of the terrorist organizations. and may explain claims that NPA numbers have been reduced.‖ In 2004. Attempts to resume formal peace talks in late 2008 failed. signed a ceasefire agreement with the government. the Philippine Army was ―reassigned counterinsurgency operations on the island of Negros as part of an escalating government campaign against communist rebels‖ (Project Ploughshares). The Project Ploughshares website shows us a complete breakdown of the highlights of the government‘s engagement with the CPP-NPA-NDF. and attacking police and military targets. In 2003.381 In 2006. with the aid of US arms and training. The government then announced additional funding to increase its anti-rebel program. This started another major conflict between the government and the communist group that in 2005. The government continued strengthening its military forces. To date. In May 1999. while the military targeted mining regions as a means to sever NPA funding and encourage foreign economic development. mainly in these mining regions. Until now. but government forces continued to struggle in the battle against the 7. and remains so until this day. the NPA was held responsible for bombing many private companies. ―after a short respite for peace talks. government forces were ordered to resume full hostilities against the communist rebels. but it had little to no success. as listed in the website. peace talks were again suspended. despite renewed peace efforts. strengthening its offensive and increasing clashes between the military and rebels. The international community sharply criticized the Philippine government for its role in the so-called ―extrajudicial killings‖ of leftist activists since 2001.‖380 Meanwhile. despite a UN 171 . Hundreds became displaced this year. no government or military personnel have been persecuted in relation to the ―extrajudicial killings‖ of leftist activists. In April 1997. rebel attacks increased. as did attempts by the CPP to create a joint campaign with the MILF. It was at this point in time too that the RPM-M. escalated fighting claimed the lives of over 100 people. in spite of the lingering conflict since 2001. 97 NDF personnel covered by the JASIG with standing warrants of arrest could be arrested and the suspension of their criminal proceedings could be lifted. The UN began an inquiry into this. but increased violence and accusations of electoral fraud marred the results (Project Ploughshares). the NPA is continuing its strategy of taking ―revolutionary taxation‖ from mining operations. Elections in May 2010 were generally considered free and fair. With the move. The government‘s Social Integration Program (SIC) provided financial assistance for 225 rebels in exchange for surrender. both in the military and in the rebel side. President Arroyo remained committed to defeating the NPA by the end of her presidential term in 2010. In 1998. especially on the National Police. a breakaway faction of the CPP/NPA in Mindanao.000-strong NPA. talks between the two sides resumed mid-year.

as shown during the Integrationist Approach section of this chapter. and they continued to suffer neglect by the government. These two avenues gave the Muslim leadership ―a sense of importance they 172 . it could not be denied that bias against non-Christian minorities remained a large barrier towards nationalism. non-Christian cultures was difficult to eradicate. even became political slogans and propaganda. education and housing. the Muslim threat to national security could somehow be alleviated. Despite carefully conceived policy thrusts and programs. There were limited opportunities for Muslims in government service and even in the private sector. according to Tan. The Christian (primarily Roman Catholic) majority in the country not only enjoyed access to abundant resources. True enough. colonial bias against the marginalized. but also the near-monopoly of national power as well. This bias continued to affect development and of many policies and programs of the state. Although integration was primarily based on the Spanish and American promotion of the Christianization of nonChristians throughout the country. it should be noted that the Christian majority even shared power in the Muslim regions. the post-1946 Filipino government sought to eliminate this kind of integration by developing policies which were more or less guided by the constitutional guarantee of religious freedom. which. economic and social concessions to Muslim leaders. not to mention the projects by private institutions in the development of the southern regions. Cotabato and Sulu opted to cooperate with the national government through appointments in local and national positions. But then. especially after the creation of the Commission on National Integration (CNI) in 1957 and the founding of the Mindanao State University in 1968. but also in infrastructure and employment. Truly.‖382 taskforce documenting military involvement in cases of Government Responses to the Moro Issue Overview Since 1946.Democratic Deficits in the Philippines: What is to be Done? report and government ―disappearance. the minorities have been pushed farther down the list and not given close attention. many Muslim families from Lanao. Also. the lack of tangible projects and strained resources accompanying the rapid increase in national population continued to plague the Muslim communities in the South. we can observe that the government answers to the challenges of the Muslim struggle have been based primarily on the idea of integration.383 As priorities shifted. This watered down the secessionist and separatist struggles. The government was right though in believing that. by giving enough political. not only in providing the basic needs such as food.

Lanao del Sur. after the Marcos dictatorship (the government of the day when the Tripoli Agreement was signed). colleges and universities. Also. and as for the educational system.‖384 Even so. North Cotabato. as properties and valuables were also pillaged or burned down. an amnesty program. and Palawan. Zamboanga del Norte. Cotabato and Basilan. Sultan Kudarat.) However. Zamboanga del Sur. It was also agreed upon that foreign policy and national defense would be overseen by the central government. to end the armed conflict. ceasefire was declared immediately after the signing of the agreement. provided that they would still follow a basic set of rules for the general education system of the state. Lanao del Norte. The economic.Democratic Deficits in the Philippines: What is to be Done? had been seeking. and peace negotiations were achieved. the Muslims had the right to set up their schools. Maguindanao. The entire Sulu archipelago. Sulu. Most importantly. The outbreak of war in Sulu in 1974 between the Philippine military and the then-newly-formed MNLF reduced hundreds of residents to utter poverty and razed Jolo to the ground. it granted autonomy to 13 geographic regions in Southern Philippines. the historic Tripoli Agreement was signed between the MNLF and the government of the Philippines. hostilities continued on both sides. and the only logical direction was to conduct peace talks in order to avoid more conflict and loss of lives. Tawi-tawi. Davao del Sur. in 1976. especially because the referendum did not succeed due to the migration and influence of new Christian settlers into Mindanao. which led to drafting of the 1988 Organic Act for the Autonomous Region in Muslim Mindanao (ARMM). Libya in December 1976. Eventually. This started another conflict between the government and the MILF. a ceasefire. Thus. Signed in Tripoli. namely Basilan. 1976 Tripoli Agreement The 1976 Tripoli Agreement between the Philippine government and the Moro Islamic Liberation Front was a product of the mediation efforts by the Organization of the Islamic Conference (OIC). (See Annex ZI for complete text of the 1976 Tripoli Agreement. Both parties agreed upon the regions since these areas housed the majority of the Muslim population in the country. as well as the venue to project their political and intellectual profiles in Philippine society. South Cotabato. This was the Muslim war of independence that caused the most tragic losses to both parties. The MNLF claimed that the government did not properly hold on to the end of the bargain. scores of soldiers and MNLF mujahedeens were killed in the battle. a referendum regarding the implementation of the agreement was turned down. and some of the other sectors were too. a year after the signing of the agreement. in 1986. with minimal supervision of the central government. Shari‘a law was implemented in their courts. financial and administrative systems were under the autonomous government. the latter carrying the promise of a possible joint force between the Philippine Armed Forces and the MNLF. 173 . was turned into a war zone. including Lanao.

on behalf of President Fidel V. involved the development of a Special Zone of Peace and Development (SZOPAD). according to Lanao del Sur Rep. one of which was Nur Misuari. the war in Mindanao is estimated to have cost the Philippine government $3 billion since 1972. 174 .‖388 Concurrently.‖385 Giving a more comprehensive framework for the development of the ARMM. a three-year transitional period. It was designed to further lay down the provisions for the construction of an autonomous region in Mindanao led by Muslim leaders. promote and coordinate the development efforts‖ within the SZOPAD. the Philippine government. (See Annex ZH for the complete text of the Organic Act for ARMM. Implementation of the agreement was envisioned to be divided into two phases. there had been more than 120. enacted a law creating a Regional Police Force for the Autonomous Government pursuant to the Constitution but remains a dead letter law up to now.390 The integration of former MNLF guerillas into the Armed Forces of the Philippines (AFP) as well as the Philippine National Police (PNP) was also envisioned as part of this phase. there will be a Consultative Assembly.000 Muslim refugees destitute. and the MNLF under Nur Misuari. Phase I. the Southern Philippines Council for Peace and Development (SPCPD) will be established as a mechanism to ―monitor.Democratic Deficits in the Philippines: What is to be Done? 1988 Organic Act for the Autonomous Region in Muslim Mindanao (ARMM) The 1988 Organic Act to form the ARMM was developed and approved during the Aquino administration.389 Lastly. Ramos. Pangalian Balindong in his 2008 privilege speech to the House of Representatives. it has never been implemented because of the refusal of the central government. He furthermore mentions that ―the Regional Legislative Assembly [of which I was Speaker]. Yan. all these will be established through an executive order. It contained a more comprehensive listing of provisions for governance of the region.387 which will be the focus of ―intensive peace and development efforts‖ to which investments will be channeled in order to ―spur economic activities and uplift the conditions of people therein. It was also developed to straighten out the problems brought about by the breaches in the Tripoli Agreement by both the government and the MILF.) However. Since the outbreak of war in Sulu. and the rights and responsibilities of each person in the ARMM. in 1995. although the Regional Consultative Commission that helped draft the Autonomy Act recommended enough funds for the development of the Autonomous Region. signed an agreement in Manila to end the 24-year hostilities in Mindanao between these two parties. the Organic Act also paved the way for the 1996 Final Peace Agreement between the Ramos administration and the MNLF.000 casualties from both parties and left more than 300. led by Chairman Manuel T. 1996 „Final Peace Agreement‟ In September 1996.386 By the time this agreement was signed.

economic activities. finally peace. tangible document of peace yet. all the parties concerned also agreed ―to undertake a GRP-OIC-MNLF tripartite process structure to monitor the implementation of the 1996 Peace Agreement and the security. an official said on Friday [April 23. to continue working on the implementation of the Final Peace Agreement. the government has been working recently on a closer implementation of this Agreement. 2010 news article: The Government of the Republic of the Philippines (GRP) and the Moro National Liberation Front (MNLF) signed a Memorandum of Understanding (MOU) in Tripoli. Annabelle Abaya of the Office of the Presidential Adviser on the Peace Process (OPAPP) said that the implementation of the Peace agreement as embodied in the signed MOU shall be fully carried out. The agreement was signed on Tuesday at the World Islamic Call Society. We will no longer have reason to fight each other again. it was reported in the MindaNews article by Arguillas that the ―government and the MILF peace panels have postponed to March their February 18 to 19 meeting in Kuala Lumpur to review the drafts on the comprehensive peace settlement that they exchanged on January 27. It must also be meaningful and able to achieve change and. In an April 24. including the delivery of social services. but all it achieved were sparse ceasefires and a few peace negotiations.‖394 In the course of writing this paper. with no specific. Under the MOU.393 However. and 175 . The new law will then incorporate the applicable provisions in the 1996 Agreement with new provisions which may later be espoused with an expansion of the territory from the four provinces that currently compose the ARMM. Sec.391 Recent Government Responses to the Moro Issue In the privilege speech of Rep. chairman of Moro National Liberation Front (MNLF). Whatever it is that GRP is willing to give whether autonomy or federalism. The provinces which vote for and opt to be part of the ARMM in that plebiscite (to take two years within Phase II) may then be formally incorporated into a new autonomous region. he said that ―I urge all parties (the GRP and the MILF) to go back to the table and talk peace once and for all. Nur Misuari. Sec. 2010]. Balindong in 2008. governance.Democratic Deficits in the Philippines: What is to be Done? Phase II consists of a legislative action either to amend or to repeal the 1988 Organic Act of the ARMM.‖ Signing for the GRP was Asst. Libya. it must be stable and permanent.‖392 Sporadic pushes for peace talks have happened in the course of the Arroyo administration. in the conflict-affected areas. It must be sincere so that there would be no need to go back every now and then to the negotiating table. only a proposal for a Comprehensive Compact in January 2010. Camilo Miguel Montesa of OPAPP. in which the subsequent law would be submitted to the people in the affected regions in a plebiscite for ratification.

and the political levers are held by the landowning Philippine elite. Examples of these are the insufficiency of barangay roads. the NDF desired that the government resolve the following issues before the peace talks between both parties are resumed:  Terrorist listing. communism still persists in the Philippines. the NDF negotiating panel presented a list of 270 political prisoners and asked for their release. most especially those in the rural areas. to test the government‘s sincerity to pursue peace. women and children. which has dragged its feet on agrarian reform since the restoration of democracy in 1986.395 Challenges Posed by the Communist Insurgencies While much of Asia has discarded communism for capitalism. But NDF protested that the government remained ―unjust to these victims by preventing them from seeking justice‖ in the Philippines. Almost 10. The NDF demands the government to at least speak out against the US and European ―terrorist‖ listing of the CPP-NPA-NDF. the sick and the elderly. because it gives them something to do—financial gains if you may.398 Challenges Posed by the Moro Issue As for the Mindanao issues.‖397 In Lagarde‘s article. according to Lagarde. although there are many. ―poverty and social inequity are growing. Of high priority are some Mamburao farmers. the Arroyo regime in fact invites it. some people are ―of the belief that a section of the military feels it is in its interest not really to totally defeat insurgencies. ―Instead of protesting US intervention.‖ the CPP said in a statement.  Release of political prisoners. and those whose release orders were signed already by President Arroyo in 2001 but have not yet been released to date. and the lack of educational facilities and even health programs 176 . one of the major challenges that face the government is the failure of the government to deliver the basic needs and services for the people of Mindanao.  Indemnification of human rights victims. chairman of the Organization of the Islamic Conference-Peace Committee for the Southern Philippines (OIC-PCSP). 2004. 000 victims of human rights violations under the Marcos dictatorship have won their case in the US Court of Hawaii.Democratic Deficits in the Philippines: What is to be Done? Ambassador Rezlan Jenie. During the formal peace talks in Oslo on June 22. The panels worked on the review of the implementation of 1996 Final Peace Agreement. analysts say. and. Most of the reasons are basic.‖396 Even the government‘s counter-insurgency efforts have been characterized by brutality and corruption of the military. As Roy Lagarde puts it.

True enough. including the indigenous peoples who have inhabited the land since time immemorial. Corruption is truly a major problem.403 thus. for not only Muslims occupy a large chunk of Mindanao land. Lastly. lack of trust among the peoples in Mindanao. Ted Gurr‘s theory of relative deprivation could explain well enough what Mindanao is going through. but also many other indigenous peoples. In a forum-workshop for Muslim youth leaders held by the Institute for Autonomy and Governance with Konrad Adenauer Stiftung in 2008 in Davao City.‖402 It is a type of conflict that could not be ‗calmed‘ by politics and economics alone. it is also necessary for social reforms which will strengthen social cohesion and stability between multi-cultural Mindanao. dispossession of land. power values and interpersonal values.399 To put it more simply. the challenges for the government seem very simple. she expresses the view that the basis of the Mindanao struggle can be thoroughly expressed by the relative deprivation of its inhabitants. Most of the time. Definitely. In Rosalita Nuñez‘ book Roots of Conflict. This also comes with the inability to meet Muslim demands for socio-economic benefits vis-à-vis the more progressive Christian majority population. Relative deprivation is a phenomenon that takes place when there is a discrepancy between the people‘s value expectations (what people expect that they deserve) and value capabilities (what they actually have or are capable of obtaining). the ancestral domain issue is also one of the major challenges in Mindanao.‖400 There are three forms of these values: the relative deprivation of welfare values. Finding a comprehensive solution to this would not only lessen the hostilities between the military and the Muslim population. it could also give way for a more peaceful environment in the whole of Mindanao. yet very difficult to face or even accept. not to mention widespread corruption embedded within transactions. relative deprivation is a ―group of people‘s thinking and feeling‖ that what ―ought to be‖ is different from what ―is. a deficit in all three is already a critical point to stimulate the people to cause conflict or instigate revolution. cohesion between various sectors of the government seems to be a challenge that has spanned many generations. cultural and religious intolerance. misunderstanding and lack of cooperation between government offices.Democratic Deficits in the Philippines: What is to be Done? for the citizens. A deficit in one of these values is already detrimental to a country‘s overall stability. the Philippines being branded as one of the most corrupt countries not only in Asia but 177 . the youth delegates listed five major root causes of the problems in Mindanao: historical injustice. and even why there is still a relatively large base of recruits by the NPA. implementation problems stem from miscommunication. and the corruption and insincerity of the national government.401 Bolongaita asserts that the roots of the conflict in Mindanao ―go deep down in the collective consciousness of the people in the island and in the country.

it can be argued that the ―best panacea to insurgencies‖ is good governance.Democratic Deficits in the Philippines: What is to be Done? also in the world. 178 . There are many reasons for the ongoing secessionist and insurgent thought in Mindanao—and most of them stem from what scholars call ‗structural weaknesses‘ of the government and its policies. says. Also. On the premise that communism thrives on conflict or contradiction. One must closely study and develop the solution while understanding both parties and the issues they present. Mindanao is teeming with arms and political warlords who are omnipresent. since the laws are not as clear-cut as they should be. they had again failed in the span of the Arroyo administration for lack of a good framework for peace and governance in the area. at the end of the day. Definitely.and community-oriented” (Mercado. the present remedial set-up for both the Mindanao issues and communist insurgencies are not the most effective ones. a Muslim youth group leader. as what could be observed after the infamous Maguindanao Massacre of 2009.‖ There must be some things that should be altered. it was the bad governance of the Marcos administration that gave it more life. to suit the needs of the ever-evolving (not to mention elusive) challenge of peaceful co-existence in the Philippine landscape. as Mujiv Hataman. or even developed. while things took a better turn through the efforts of the Ramos administration. implementation of the law is also a major problem being faced by both the national and the local government in the region. 2008) Political Sector As Roy Lagarde puts it. Some of these ‗weaknesses‘ include the ―lack of clarity of the premises of the negotiated settlements‖ and the ―failure to articulate the foundation of these settlements.‖404 and… Definitely. for they did not bring about peace and progress in the whole region since the time they were formulated by the government.‖ Truly. there might be a possibility that other difficulties could also be addressed. there is no one all-encompassing solution that could be developed and implemented to remedy the situation in conflict-affected areas soon. ―Autonomy has not helped solve the problems that are at the root of the Moro insurgency. As Benedicto Bacani stated in his article. or the pact addresses only the ‗problems‘ of the MILF. ―the settlement [in the peace process] may be substantial and comprehensive but will suffer problems in implementation. If this seemingly intractable problem could only be given more attention and action. What is to be done? “Military strength and strategies cannot resolve the Mindanao conflict…development assistance must be people. True enough.

Democratic Deficits in the Philippines: What is to be Done? Since governance remains a very important factor in achieving peace, the question of federalism now comes into view. Jose Abueva asserts that a federal government is best suited for the Philippines since it could deliver ‗greatly improved governance‘ by being able to gradually ‗develop greater human and institutional capabilities for governance.405 Furthermore, there shall be developments in decentralization and devolution which could not be attained under the unitary system. However, some problems might still arise especially if the public remains uninformed or even misinformed regarding the federal system of government. Shifting to a federal system of government does not automatically mean progress and peace; it is not a cureall against the deficits of the government and the country itself. Constitutional revisions also require a lot of hard work, and definitely, the country needs more experienced and dedicated statesmen to be able to produce more comprehensive and updated constitutional reforms. Also, since the hindrances of political warlordism and the bondage of citizens to their political leaders have always been present, one possible solution for the rampant political warlordism in Mindanao (and other parts of the country, for that matter) is the complete disarmament of these warlords, regardless of their positions in government, or their connections to the present administration. The government cannot afford to give special treatment in such situations, and a show of strong political will is important to ensure that everyone is equal under the law of the land. Also, most importantly, proper implementation of rules and programs would not be possible if there are loopholes which exist in the law itself. Rules of engagement should be welldefined in order to avoid unnecessary armed conflict which could lead to casualties. Constitutional reforms—especially those regarding territory and management of institutions in the ARMM—should be reviewed and assessed more closely to straighten out conflicting statements and provisions. As for the challenge of public administration and proper implementation of laws, it must be understood that implementation work does not all depend on one particular sector of the government. These laws and programs are interconnected; most of the time, they require more than one branch of the government for smooth accomplishment of specific goals. Most of these laws and programs look good on paper, but they often do not work in the ways they should because of lack of cohesion in the government sector. Objectives would remain empty words as long as only a few are willing to work for it; visions could more easily be realized if the people could see them and work together towards the common goal of peace and progress. Economic Sector Although the Communist struggle and the Mindanao issue are different in substance, ideology and framework, there are problems which overlap between them—especially the allencompassing major problems of poverty and unemployment. Civilians trapped in conflict 179

Democratic Deficits in the Philippines: What is to be Done? zones suffer in poverty and fear, and many innocent lives are taken in skirmishes between the military and the rebels. True enough, Mindanao is a land of contrasts. Although famous for marine and land biodiversity and richness of its natural resources, it could still well be considered the poorest region in the Philippines. Amidst the beauty of its surroundings, a peaceful environment continues to be elusive and people are in for a bleak future if no drastic measures to remedy the peace situation are taken. Various scholars have proposed an array of solutions and recommendations regarding the peace situation in Mindanao, yet, a lot has to be done to really reduce conflict situations and strengthen the peace process. The Joint Needs Assessment for Reconstruction and Development of Conflict-Affected Areas in Mindanao study done by the World Bank appears to have the most feasible propositions and comprehensive solutions regarding the issues. They have divided their proposed solutions into three headings: the Immediate Term, which, as they propose, will serve as ―confidence and trust-building measures‖406 and are ―immediately doable and highly visible projects…[which] will yield quick ‗peace dividends‘ to the community.‖407 This includes ―food aid, construction of core shelters, provision of farm and fishery materials and equipment, rehabilitation of damaged health and educational facilities, and immunization of infants and children.‖408 The second heading, called ―Short Term‖ projects, are ―meant to consolidate gains from the initial round of engagement with the conflict areas.‖409 This includes ―educational assistance to out-of-school youth, rehabilitation of access tracks, small bridges and irrigation facilities, capacity-building for various local institutions and farm and non-farm livelihood projects.‖410 The last is the ―Medium Term‖ heading, wherein plans such as feasibility studies for large-scale agribusiness projects are recommended ―to bring the conflict areas to the path of sustained growth and recovery.‖411 This particular phase will be linked closely with the longterm development goals of the government and the private sector in that area. These propositions made by the World Bank, if done efficiently and in proper terms with both the government and the private sector, may very well lead to the progress of the Mindanao region. Not only that, the framework could also be used for other underdeveloped areas plagued by insurgencies left and right. With all the overwhelming challenges that face the government, it is only right to accept that the government cannot do everything on its own without the participation of civil society and the private sector. Thus, what could make up for the many deficits of the government is closer ties among the private sector, civil society and the government. 180

Democratic Deficits in the Philippines: What is to be Done? Social Sector As Nuñez discussed in her book, one of the roots of the Mindanao conflict is the lack of cultural pluralism. Thus, to fulfill the dream of a ‗society that helps the different peoples in Mindanao gain confidence in achieving self-realization,‘412 one must also bear in mind the importance of addressing social issues. One possible avenue for realization is the development of inter-faith dialogues to further discuss and understand issues which plague both the Muslim and Christian peoples in Mindanao. These confidence-building measures could help produce ideas to develop conditions to decrease animosity against each other. The enhancement of the Madrasah educational system for Muslim children is also a tool in mitigating the Muslims‘ perceived discrepancy between what they desire and what they can achieve in reality. According to former Education secretary Jesli Lapuz, enhancing the Madrasah program could "positively contribute to the ongoing peace process, make the public education system more intensive and seek to improve the quality of life of Muslim school children through education.‖413 Finally, the involvement of children in conflict zones, is a major problem in Mindanao and in provinces teeming with CPP-NPA forces. This is mostly due to poverty, lack of education and opportunity, and family influence. The exploitation of children by employing them as workers or child soldiers is punishable by law, however, there are still many instances where children are involved in conflicts, and more often than not, they become casualties. Thus, according to Dr. Elizabeth Protacio, former head of the International Committee of the Red Cross (ICRC), the minimum conditions of: (1) safe environment; (2) secure economic base; (3) community resilience enhanced by traditional support networks; (4) mechanisms for protection, including the monitoring of human rights violations and the enforcement of laws,414 would be able to help child soldiers to recover and be socially reintegrated. Also, therapy and counseling would make it easier for the children to overcome the trauma and stress they have gone through. Recap of “What is to be done?” Political Sector    Improve on governance and efficiency in delivering social services to the people; proper implementation of rules and programs to render the best service possible Study the pros and cons of federalism—will it be a better solution to the Mindanao issues, or will it exacerbate differences and problems between the central government and local units? Revise and strengthen loophole-riddled laws to decrease so-called ‗structural weaknesses‘ brought about by outdated and compromised legal and justice system. This includes constitutional reforms and further definition and clarification of rules of engagement.

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Democratic Deficits in the Philippines: What is to be Done?   Implement the complete disarmament of warlords and remove private armies from service to political families in Mindanao and across the country Enhance connections within the government agencies involved in delivering goods and services to the public, and develop an orderly, more efficient system of networks between the government, civil society and the private sector

Economic Sector Immediate Term (1-2 years)      Deliver food aid Construct core shelters for displaced individuals and families Provide farm and fishery materials and equipment Rehabilitate damaged health and educational facilities Develop health programs dedicated to the care of infants and children

Short Term (3-4 years)     Provide educational assistance to out-of-school youth Rehabilitate access tracks, small bridges and irrigation facilities, Develop projects for capacity-building for various local institutions Implement farm and non-farm livelihood projects.

Medium Term (5-6 years)   Draft feasibility studies for agricultural development and agribusiness prospects Make and strengthen partnerships between the government and private sector to push for the development of small and large-scale agricultural businesses

Social Sector    Develop inter-faith dialogues as confidence-building measures to further discuss and understand issues which plague both the Muslim and Christian peoples in Mindanao Enhance the Madrasah educational system to cater to the intellectual and social needs of Muslim children Decrease and eventually abolish the presence of children involved in conflicts by safeguarding their rights to life and education, and providing rehabilitation services for children who had gone through episodes of being involved in conflict areas.

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the first order of the day that a government should push for is to put food on the table of every household. This is due to numerous pesticides and chemical fertilizers used to either combat pests or speed up crop growth and increase crop yield. A poorly fed individual who could not meet the standards of the Recommended Daily Allowance of required vitamins and minerals is more likely to get sick. Also.417 Further.Democratic Deficits in the Philippines: What is to be Done? B. With the soaring food prices. There are already about 854 million people in the world who are hungry and undernourished. there are more or less 10. this is happening globally. it could be seen that the whole range of commodities has risen by 9 percent in 2006. the Philippines is not exempted. especially because this means that poor countries will be paying 40 percent more in their food import bills. Domestic agricultural productivity is further hampered by instability in governance.416 This is alarming. handling and transportation of livestock and fish is hampered due to poor physical infrastructure and lack of methods to preserve the meat and fish for consumption in the markets. but now. food security is one of the major problems of the world. an even higher poverty incidence. food buffer stocks in the country are diminishing.418 Challenges to Food Security Food shortages automatically lead to higher mortality rates. especially in countries where political and social institutions are fragile. this means that more people will go under the poverty threshold—the United States Agency for International Development (USAID) projects that 133 million people will be under the poverty line.415 True enough.419 However.000 children all over the world who die of hunger and malnutrition. there will be a strain on his labor productivity. Another example is Haiti where problems were further compounded by the January 2010 earthquake. As the Food and Agriculture Organization (FAO) keeps a world food price index. thus. and those with conflict areas like the Philippines. We used to keep a food buffer stock of 90 days. Higher incidence of sicknesses brought about by poor handling of agricultural produce is also a challenge. which is exacerbated by inadequate financial resources for goods of major importance for the 183 . Food Security Overview of the Situation With a growing population. it has gone down to just 30 days. this is not happening only in the Philippines. and poor health. 24 percent in 2007 and 51 percent in 2008. These rising food prices could bring about unrest and political stability. Everyday. and definitely.

Water transport facilities such as ports and wharf facilities have also been constructed in 33 of the 49 FIVIMS provinces costing about P1. a food subsidy program that provides a daily ration of one kilo of rice to hungry families through children in Grade 1. The Tindahan Natin. Driers and Seeds—was one of the major programs of the administration to address food shortages. is now implemented in priority municipalities within FIVIMS/AHMP422 provinces and all villages in the National Capital Region.000 poor families in NCR. continue to be implemented in all provinces of the country. Some of them include: 1. Extension. distribution of poultry. based on each and every FIELDS component.4 billion.420 A large population also constrains the capacity of the government to develop efficient and effective programs for agricultural development. Kayang-kaya‖ to encourage families to achieve a manageable family size. Irrigation.Democratic Deficits in the Philippines: What is to be Done? population. according to the website of the DA. they said it will give ―priority to areas where local governments are willing to provide counterpart funding for farm-friendly programs and to 184 . Programs promoting good nutrition on the other hand. 2.424 Also. The Food-for-School Program (FSP). This is to improve commodity flow and marketing of agricultural products to maximize economic potentials. 3. small ruminants. a component of AHMP which promotes integrated backyard gardening in rural communities through training and provision of seeds and planting materials. a project that provides low-priced but good quality rice and instant noodles to low income families through an accredited store.423 The FIELDS program of the Department of Agriculture (DA)—which stands for Fertilizers. serves close to 330. Loans. The League of Municipalities has also conducted a campaign dubbed ―Kung Maliit ang Pamilya. livestock and fingerlings is being implemented in 38 of the 49 FIVIMS/AHMP provinces. pre-school and day care centres and one of the immediate stop-gap measures to mitigate hunger among poor families. The Gulayan ng Masa Program. especially with the fact that rice is the staple food of the Filipinos—thus it is imperative that we improve on rice productivity. Agriculture Secretary Arthur Yap said these priority areas for government funding or intervention support will be divided under the twotiered system. Current Government Projects and Responses421 In the current Arroyo administration. The significant dependence on the importation of rice from our neighboring countries by the Philippines is a major challenge. while programs that support population management cover 28 provinces. numerous programs addressing food shortages are already being implemented.

600 clusters spread out in 48 provinces across the country where per-hectare yields are below the national average of 3. Department of Agrarian Reform. under the leadership of former Chairman Atty. Eugenio A. and 4. Increasing smallholder farmer food production. This includes the following: 1.‖ He hopes that the project can be replicated in other areas and benefit the entire country. fertilizer. The UN has come up with short-term approaches that immediately address the needs of populations. ―We conceptualized a project on food for security with indigenous cultural communities (ICCs). and private companies. especially in increasing smallholder farmer food production. 3.8 metric tons (MT).‖425 The National Commission on Indigenous Peoples (NCIP). The development of 1 million hectares of ancestral land through a multi-stakeholder approach is envisioned to benefit the country. Insigne. 185 . or promote economic development and eventually increase the purchasing power of the people. Department of National Defense. Immediate supply of seeds. veterinary drugs/services and small pumps. in turn. a minimum set of options has been provided for guidance to the government: 1. Enhancing emergency food assistance nutrition interventions and safety nets. together with the involvement of government agencies like the Department of Agriculture.Democratic Deficits in the Philippines: What is to be Done? the 2. rev up the rural economy and create more jobs in the countryside at a time when the global financial flu is expected by international experts to get worse in the year ahead before it gets any better. According to Insigne. and making them more accessible to all.427 The Philippines has already been a recipient of aid from the World Food Programme (WFP) and the FAO. each country has to develop measures that could increase food supply. conceptualized and initiated a ―food for security‖ program to show how ancestral lands can contribute to the country‘s food security through agricultural projects. feeds. and Department of Environment and Natural Resources. Adjusting trade and tax policies. In fact. including Kuok and San Miguel Corporation. Managing macro-economic implications.‖ Yap stressed that ―the counterpart funds provided by local governments will help offset the impact of the financial crisis by generating economic activities and creating more jobs in the countryside…greater investments in the sector will induce greater economic activity. which will. 2. or 76 cavans per hectare.‖426 What is to be done? To achieve food self-sufficiency and alleviate the challenges of food security.

Support development of producer organizations. Remove constraints to domestic trade to link small farmers to markets. farm to market roads. rehabilitate small-scale irrigation. and 8. the UN gives eight points to guide the government: 1. An equal and fair agreement between farmer-tenants and landlords should be reached through peaceful consultations and conversations between the two parties. for sustainable food production growth. Ensure secure access to and better management of natural resources. Improve rural infrastructure. 7. Strengthen access of smallholders and other food chain actors to financial and risk management instruments. 2. 4. water and biodiversity. Stimulate public-private investment in agriculture. albeit it would be a major challenge to our leaders as to what needs to be done. facilities and other agricultural supplies until they achieve selfsufficiency in producing their own crops for their own families.Democratic Deficits in the Philippines: What is to be Done? 2. 3. yet. One major recommendation is the implementation of genuine agrarian reform programs which do not patronize selected sectors of society. and 4. transparent and private-sector led markets for food produce and quality inputs. soil conservation by cash or food for work. This has been a promise of almost every administration. 3. lawmakers must take to heart the needs of the greater population of the Philippines and not to cater only to a select few. 186 . Invest in agricultural research. Remove barriers to domestic trade.428 In the long term. 6. storage facilities. Improve enabling policy framework. including land. Another step in attaining self-sufficiency is to provide farmers in rural communities with better access to equipment. As the need might arise for a revision of the current agrarian reform program. Reduce post-harvest crop losses and community-based food stocks. 5. Ensure sustained access to competitive. there is still a large number of rural agricultural families who have not yet attained the goal of self-sufficiency.429 Achieving self-sufficiency in agricultural production is possible in the Philippines.

‖430 Improving agricultural technology is a step in solving the challenges of food security. As the Department of Agriculture explains. threshers. thereby increasing the profit margin for farmers. provision of lower-cost agriculture and aquaculture-based tertiary education programs for the children of farmers who wish to continue managing their own farms should be provided to increase the number of youth who would opt to be farmers and agribusiness people. technology 25%. mechanization 5%. In addition. and integrated pest management another 10%. This will help rice farmers realize profit (in relation to the cost of farm inputs) and make them more self-sufficient and increase their productivity. This is because Mindanao is home to a large agricultural base and has rich natural resources. which could easily cause shortage and increase poverty incidence. educated population would yield higher income rates and higher labor productivity. Extension brings in about 15% 187 . On the other hand. Provision of corn and rice mills. A higher rate of population growth means more mouths to feed. Improving on aquaculture technology could be an answer to food shortage problems. True enough. coupled with the proposal to impose a ceiling on the retail price of rice (for example PhP33. Higher yield from the fisheries sector would lower prices for protein-rich fish which could be used as substitutes for meat and poultry products. public sector partnerships with the private sector and NGOs in research will definitely help in the promotion of agricultural development. increasing nutrient content of products. Agriculture solves the problem of food shortage. ―Irrigation raises productivity by 25%.Democratic Deficits in the Philippines: What is to be Done? There is a need to study the proposal of some quarters to transform the National Food Authority into a postharvest service institution. seeds 10%. which could be devoted to scholarly and leisurely activities for the women and children in rural areas.00) instead of on the farm gate price (which is a lot lower) and help farmers to sell rice directly to consumers at that retail price. and optimizing soil usage through alternate cropping. but also for the entire Philippines. ‗the concentration should be on agriculture. The strengthening of physical infrastructure. Definitely. especially those crops that need fast drying. as Amado Macasaet asserts. Also.e. dryers and other equipment would greatly reduce the time needed to do these things manually. building more quality farm-to-market roads and better irrigation systems would also be needed to increase productivity. i. A few suggestions to increase productivity include finding ways to prolong shelf-life of products while not using expensive and harmful fertilizers and pesticides. Proper population management and improving education are two of the most basic longterm recommendations to address food shortages. It could also help decrease the incidence of spoilage. a more maintained. Agriculture is the foundation of the growth of the industry. not only in that particular region. peace-building processes in Mindanao will further ensure food security.

and making them more accessible to all Increasing smallholder farmer food production Adjusting trade and tax policies Managing macro-economic implications Provide immediate supply of seeds.00) instead of on the farm gate price (which is a lot lower) and help farmers to sell rice directly to consumers at that retail price Remove barriers to domestic trade Rehabilitate small-scale irrigation. soil conservation by cash or food for work Reduce post-harvest crop losses and community-based food stocks Remove constraints to domestic trade to link small farmers to markets     Medium to Long Term (5-7 years)         Improve enabling policy framework Stimulate public-private investment in agriculture Ensure secure access to and better management of natural resources. transparent and private-sector led markets for food produce and quality inputs Support development of producer organizations Strengthen access of smallholders and other food chain actors to financial and risk management instruments 188 . coupled with the proposal to impose a ceiling on the retail price of rice (for example PhP33. storage facilities. it is also only right to say that in the areas that we can control and handle.Democratic Deficits in the Philippines: What is to be Done? in productivity. fertilizer. veterinary drugs/services and small pumps to those in need Short Term:  Study the proposal to transform the National Food Authority into a postharvest service institution. water and biodiversity Invest in agricultural research Improve rural infrastructure Ensure sustained access to competitive. Recap of “What is to be done?” Immediate Term:      Enhancing emergency food assistance nutrition interventions and safety nets. which we cannot control. affects productivity by around 20%. farm-to-market roads. we must be able to optimize utilizing these factors to our advantage. and the environment. feeds.‖431 Therefore. including land.

facilities and other agricultural supplies until they achieve self-sufficiency in producing their own crops for their own families Speed up peace-building processes in Mindanao. and optimizing soil usage through alternate cropping Improve on aquaculture technology—higher yield from the fisheries sector would lower prices for protein-rich fish which could be used as substitutes for meat and poultry products       189 . not only in that particular region.e. but also for the whole Philippines Secure public sector partnerships with the private sector and NGOs in research i9n order to help in the promotion of agricultural development Proper population management and improving education are two of the most basic long-term recommendations to address food shortages Strengthen physical infrastructure. increasing nutrient content of products. which will further ensure food security. building more quality farm-to-market roads and better irrigation systems Improve on agricultural technology—this includes finding ways to prolong shelf-life of products while not using expensive and harmful fertilizers and pesticides. i.Democratic Deficits in the Philippines: What is to be Done?   Implement genuine agrarian reform programs which do not patronize selected sectors of society Provide farmers in rural communities with better access to equipment.

has anything changed? Nothing has changed because the political party system is still not composed of party members who will toe the party line and who will collectively embody the wishes in legislation of what they promised the people individually. did we see a lessening of the political dynasties this election? Alas. Corruption/Rule of Law and Justice Reform. there were more ―families‖ who were elected. environment.‖ we are referring to the new leadership in the three branches of government—the executive branch. sons. sons in law and the like who were elected at this time than in the previous election.Democratic Deficits in the Philippines: What is to be Done? CONCLUSION As we finished writing this book. insurgencies. how this first automation of the counting of the votes has radically changed the political environment. sisters. corruption. Many have exclaimed. health. Lakas Kampi. Will shifting to a parliamentary system compel party loyalty and a cessation to party switching? And. the national 2010 elections has just drawn to a close just awaiting the proclamation of the President and the Vice President. 190 . daughters. population. has it really changed? The political party system is still broken. Indeed. But. food security and many others that we have not covered in this study. So. even euphorically. The democratic deficit on the level playing field for those who wish to be voted upon is indeed widening and deepening. The work to eliminate a substantial part of our democratic deficits within the six-year term of our national leaders will require focusing on a list of priorities. more wives. legislative branch and judiciary—because reforms can only be carried out effectively with all three branches cooperating and coordinating. Good housekeeping should be the first priority for the new leadership to be effective in implementing all other reforms. AFP/PNP reform. When we speak of the ―new leadership. We await a legislature who has the political commitment not only to further reform the electoral system but legislate on the constitutional provision on a ban on political dynasties. We believe that the most urgent tasks for the new leadership in order to lay down the groundwork for economic development are as follows. is already in danger of disintegrating as many of its elected members are reported to be not too keen to support the Speakership of the former President Gloria Macapagal-Arroyo. While most of the recommendations presented herein per issue area can actually be carried out by the concerned Cabinet secretaries and their respective departments. some horse trading in terms of choice committee chairmanship and membership are doing the rounds. We await a national government that will work in synchronicity with local government units toward resolving governance issues. The 100 seats garnered by the administration party. Already. We await as the three branches of government endeavor to cooperate and deal with our democratic deficits in the areas of education. public-private sector partnership. rule of law and justice reform. within the next five years the new leadership needs to focus on certain urgent tasks that correspond to the most critical democratic deficits. we are still a long way to go in terms of political party reform. in the following order of priority: 1.

Unless there is peace in the various regions. agencies and institutions who believe that something can be done to eliminate our democratic deficits and bring the Sick Man of Asia on his way to recovery. although not pleasant. Implementing policy for development and basic services must be carried out consistently at various levels of governance down to the smallest political unit which is the barangay. 3. where vast potentials for development remain untapped. Peace is a pre-requisite to development. Development can only be pursued if there is a sound working relationship between the government and the private sector. 191 .Democratic Deficits in the Philippines: What is to be Done? Achieving respect for the rule of law and undertaking reforms in the justice system are very much closely related to eradicating corruption and inefficiency in the three branches of government. especially in Mindanao. it is very difficult. Democratic deficits are the consequences of our failures as a people to cope with the challenges of development as we confront them everyday. Only by ensuring that our democratic institutions are capable and up to par in coping with our democratic deficits can we be assured of an opportunity to reduce or abolish these deficits. the apparent incorrigibility of some officials and rank-and-file government workers. embark full throttle towards progress together with his Asian neighbors in the 21st century. Democratic deficits are the broken promises of political leaders. Local-National Government Relations. the alienation of the marginalized sectors of our society. 5. Political Parties/Electoral Reform. we merely regard as inconveniences that we can live with day in and day out? Only by dealing with each of these democratic deficits in a holistic manner do we have any hope of rising above our own failures as a people. Insurgencies. if not impossible to bring development to those areas. the apathy and procrastination of our people. or simply our unwillingness to devise ways and means for our communities to have a fighting chance. Public-Private Sector Partnership. and to the country as a whole. The recommendations contained herein are the result of the cumulative efforts of the various individuals. but still hopeful of what can be. and eventually. the failure of our institutions. We hope that we have presented you an overall picture of what has been. 2. The new leadership must ensure that a reconfiguration of the political party system as well as the pursuit of electoral reform will be carried out to pave the way for principled and party-based leadership. 4. in contrast to purely personality-based leadership that we have now. Have we grown so numb and insensitive to the ills of our society such that what other countries perceive as deficits.

Political Parties and Political Development. ―Strong demands and weak institutions: the origins and evolution of democratic deficit in the Philippines. states that political parties evolved from groups or associations outside the parliament. provides us the most comprehensive listing of the functions of political parties as follows:  Representation and brokerage: This means the expression and articulation of interest within the party and through the party. p. 263. Usually. 14. Labor groups and socialist organizations or the so called parliament of the streets are examples of these groups..  Self conscious determination of leaders of both national and local levels to capture and hold decision making power alone or in coalition with others. p. (Princeton: Princeton University Press.‖ Journal of East Asian Studies. a noted political scientist.87. Ostrogorki who suggested that party organizations rose from the needs of an expanding electorate to serve as a linkage between the mass and political leadership. an organization whose expected lifespan is not dependent on the lifespan of the current leaders. i. 94. Thus. emerge in the midst of political and economic demands emanating from industrial revolution and the extension of the suffrage beyond the citizen‘s capacity to muster. electoral committees and creation of a permanent connection between the two. 2003. Action and Organization: An Introduction to Contemporary Political Science. (Princeton: Princeton University Press. 8. The extra parliamentary origin of parties. p. Duverger describes the establishment of parliamentary groups.  A concern on the part of the organization for seeking followers of the polls See Joseph LaPalombara and Myron Weiner. to Ostrogorki. parliamentary groups were initially local groups with no political doctrine to guide their programs.I. 1966). not simply to influence the exercise of power. thereby.Democratic Deficits in the Philippines: What is to be Done? END NOTES 1 How did political parties evolve? Max Weber and Maurice Duverger are the proponents of the Institutional theory which states that political parties evolved from aristocratic cliques. What are the functions of political parties? Roy Macridis. 3. It offers candidates for elective offices on the basis of party programme of principles and goals it wants realized and. Government and Politics of the Philippines. ― The electoral system and political parties in the Philippines‖ in Raul de Guzman and Mila Reforma (eds). 5 Randolph David. namely. 1972). Ostrogorki.6. vol. See Joseph LaPalombara and Myron Weiner. according to him. 4 Luzviminda Tangcangco.‖ Philippine Daily Inquirer. 192 . Later on. 1966). Of the former. Democracy in the Organization of Political Parties. 2. on the other hand. 3. 15 and 20. (New York: Harper and Row. p. according to him. 2 Political parties are supposed to have 3 basic characteristics according to Robert Bone. (New York: Macmillan. small group of notables to plebiscitarian democracy. 7 Democratic deficits of political parties may be evaluated against their functions. 1902). 3 Joseph La Palombara and Myron Weiner define political parties as having the following salient features:  Continuity in organization. 2010. ―Political Parties and social movements. is that political organizations superimpose its control over an indifferent citizenry while government leaders are dependent of the party for election. Political Parties and Political Development. The problem. 6 Quoted in Paul Hutchroft and Joel Rocamora. 1988). A slightly divergent view of political parties is shared by M. ( Singapore: Oxford UP. The major function of the party is to provide a direct political vehicle to the interests it represent. Duverger claims that the evolution of political parties is related to the evolution of national parliaments and the growth of the size of the electorate.e. April 17.  Manifest and presumably permanent organizations at and other relationships between local and national units. Parties also. Thus. pp. these groups are formed due to the geographical proximity of parliamentary members or the common desire of these members to defend their profession. They are as follows: 1. He cited two origins of the political parties. It attracts as much popular support as possible. primarily in the form of votes See Robert Bone. becoming subservient to it. It has an organizational structure with lines of authority and power distribution. the electoral parliamentary origin and the extra parliamentary origin of parties. these groups became ideological groups.I. political parties become threats to democracy. See M.

91-92.Democratic Deficits in the Philippines: What is to be Done?  Conversion and aggregation: This function is a variant of representation and brokerage which means the transformation of interests and demands into policy and decision. ―Ensuring the Success of the Philippine Judicial Reform Program. at the Rizal Ballroom of the Makati Shangri-la Hotel. 10 Alfred McCoy. ignorant. (New York.  That there is a real correspondence between totalitarian regime and single party systems. 32.  That there is a real correspondence between democracy and multipartism. Davide. to inculcate interest and secure mass support. chairperson of the Third Division of the Philippine Supreme Court during the Third Plenary Session of the International Conference and Showcase on Judicial Reforms. Hilario G. Carlos. 19 ADB Country Governance Assessment: Philippines. Political Parties: Contemporary trends and ideas.  Deliberation: This refers to the process in which party members come to agreement about major objectives. Some hypotheses have been proferred by Maurice Duverger on political parties. Dynamics of Political Parties in the Philippines. 11 Philippine Statement by H. Panganiban. 1963). either because they were apathetic. 2005. 2009. and Asian Development Bank. PoliticalParties. 9 ―Congress won‘t end reign of political dynasties.  Policy Formation: It may refer to the process in which party members create major decision on the basis of the demands of the electorate. Background Note on the Justice Sector of the Philippines. imposes sanctions upon its members and non-members alike. p. pp. 16-17.  Persuasion: This refers to those party activities geared to the development and presentation of policy suggestions to gain widespread support.‖ Paper delivered by Justice Artemio V. 518. Background Note on the Justice Sector of the Philippines. as follows:  That the simple majority system or plurality single ballot system favors the two party system. pp. 1997). Background Note on the Justice Sector of the Philippines. Permanent Representative of the Republic of the Philippines to the United Nations. alienated. 101-102. Socialization is the process through which a set of norms about a political system is transmitted to the younger people. 1967). held on November 28-30. performance of governmental legislative and other functions by party members and most importantly. Wiley. 193 . ―Rule of Law: The Lamp that Illuminates. See Maurice Duverger. Participation mean that through the party. 58. Background Note on the Justice Sector of the Philippines. 1st place winner of the Essay Writing Contest on the Rule of Law sponsored by the Supreme Court in 2007. 2009. 1-30.  That the simple majority system with a second ballot or proportional representation favors multiparty system. Roy Macridis. pp.d. Panganiban.  Repression: The party. p. An Anarchy of Families: State and family in the Philippines. a medium of expression of interest and participation in deliberation and choice of policies and leaders is open to all.. Mr. (New York: Harper and Row.‖ n. socialization and mobilization): These are variants of integration. 18 Annual Report 2008 (Annual Report of the Supreme Court of the Philippines) (Manila:Supreme Court Public Information Office. winning elections. 8 Clarita R. (Mandaluyong City: Asian Development Bank. p.  Control of government: This means the actual function of legislating and governing and the constant effort of the party to control the government and its activities. indifferent or simply afraid.  Integration (participation.E. 17 Ibid. 217. 217-227. 13 See Elai.‖ Philippine Daily Inquirer. Justice Panganiban was the chairperson of the Conference. 15 Asian Development Bank. 12 Justice Artemio V. delivered on 20 April 2009 at the Helmsley Hotel. exposure to the public. (Manila: Ateneo de Manila UP. p. 14 Asian Development Bank. 2010. on Rule of Law Support and Advancement: The Philippine Experience. 1994). 2009. through the government directly or indirectly. April 26. 2009. p. controls the fate of other associations and parties and endeavors to exact obedience and to fashion the minds and loyalties of adherents that does not allow for opposition. pp. (Manila: Konrad Adenauer Foundation. 2008). 16 As cited in Asian Development Bank.. Jr. 18. Mobilization is the attempt of the party to bring rapidly large numbers of people who formerly stood outside the system. 2-3. 2005).  Recruitment and choice of leaders: This refers to the training and preparation for leadership. pp. pp. New York. into the system.

and Eleanor Conda.‖ May 14. p. op. Jr.. 4-7. 45-58. 4-5 to 4-6. 4-2. Mr. 32 Ibid. Melencio Herrera. Philippines. at the International Conference and Showcase on Judicial Reforms. held on November 28-30. p... Rights and Justice. Permanent Representative of the Republic of the Philippines to the United Nations. 1-23. Panganiban. p. 38 CPRM Consultants. corrections and community. pp. judiciary. 27 Ibid.ph/2010/05/14/outgoing-sc-justice-puno-to-associate-justicecorona-preserve-integrity-of-the-high-court/ 25 The five (5) pillars of the justice system. 2010. New York. ―Rediscovering Olden Pathways and Vanishing Trails to Justice and Peace: Indigenous Modes of Dispute Resolution and Indigneous Justice Systems. November 29. 4-8. DAVIDE. 2005. Panga. ―Court Annexed Mediation(CAM)-Making it Work: The Philippine Experience. Judicial Dispute Resolution (JDR) as an Innovative Mode of Dispute Resolution. Metro Manila: National Judicial Institute. p. 59-90. JR. Justice Panganiban was the chairperson of the Conference..‖ in A Sourcebook on Alternatives to Formal Dispute Resolution Mechanisms.. 22 Ibid. 24 ―Outgoing SC Justice Puno to Associate Justice Corona: Preserve integrity of the High Court. Gender. 4-10. see ―JURIS Project: Supreme Court promotes mediation and alternative dispute resolution mechanisms. pp. 194 . as used in various studies.‖ A Presentation by Justice Ameurfina A.‖ posted on July 2. Imelda Gidor. Cisnero. are the following: law enforcement. 23 Justice Artemio V. Panganiban. 26 CPRM Consultants.‖ in A Sourcebook on Alternatives to Formal Dispute Resolution Mechanisms. 224-225.. and Chancellor of the Philippine Judicial Academy.. Torres.E. For summary of accomplishments of the JURIS Project. pp. 2005. p. 91-128. p. 34 Ibid. 2008. 2005. See also various mediation stories in Most Significant Technique in Mediation Series. cit. 106107. February 2008). 129-158. pp. 37 For a more detailed discussion of CAM and JDR. pp. 2005. pp. pp. 2008). Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice. Mandaluyong City: Asian Development Bank. on RULE OF LAW SUPPORT AND ADVANCEMENT: The Philippine Experience.Democratic Deficits in the Philippines: What is to be Done? 20 21 Marites Danguilan Vitug. Mandaluyong City: Asian Development Bank. 35 This list was culled from ADB Country Governance Assessment: Philippines.. 4-9. March 2006. Inc. 31 Ibid. Available online from http://balita. 93-94. p.. Metro Manila: National Judicial Institute. at the Makati Shangri-La. Traversing Boundaries and the No-Man‘s Land: On Mediation. (Metro Manila: Justice Reform Initiatives Support [JURIS] Project. 30 Ibid. see Ameurfina Melencio Herrera. 28 Ibid. A publication of the Justice Reform Initiatives Support (JURIS) Project supported by the Canadian International Development Agency (CIDA). chairperson of the Third Division of the Philippine Supreme Court during the Third Plenary Session of the International Conference and Showcase on Judicial Reforms. Salvador S. ―Impact of the Barangay Justice System on Decongesting Court Dockets and Broadening Access to Justice: Looking Back and Forward.‖ Paper delivered by Justice Artemio V. 29 Ibid. Carolyn A. The lawyer‘s Perspective on ADR in the Courts and its Implication on the Profession. 4-6.. pp. 25-45.com/juris-projectsupreme-court-promotes-mediation-and-alternative-dispute-resolution-mechanisms/ See also related articles in A Sourcebook on Alternatives to Formal Dispute Resolution Mechanisms. pp. March 2006. HILARIO G. p. 33 Ibid. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice. See also Maria Roda L. ―Ensuring the Success of the Philippine Judicial Reform Program. pp. Court Annexed Mediation: Summing Up the Past and Charting the Future. For more information on the impact of the Barangay Justice System. prosecution. Mercado and Damcelle S. Philippine Statement by H. Study supported by the United Nations Development Program (UNDP) and the Supreme Court of the Philippines. Inc. retired Justice of the Supreme Court. at the Rizal Ballroom of the Makati Shangri-la Hotel. 4-8. 2008 at http://attyatwork. 4-9. 2008. Tadiar.. see Alfredo F. delivered on 20 April 2009 at the Helmsley Hotel. (Metro Manila: National Judicial Institute. 36 ADB Country Governance Assessment: Philippines. Parallel Session C..

Inc.. 50 Ibid. See Atty. see chapter on ―Mortal Combat‖ in Marites Danguilan Vitug.gov. pp. p.. 2005. 111. 45 Ibid..‖ Available online from http://apjr. p. 56 Ibid. 4-3. Presidential Decree No. (Mandaluyong City: Asian Development Bank. Makati City.. p. 43 Cited in Marites Danguilan Vitug. Supported by the Supreme Court and the UNDP. 41 ―Outgoing SC Justice Puno to Associate Justice Corona: Preserve integrity of the High Court. 57 ADB Country Governance Assessment: Philippines. also prohibits the issuance of injunctive writs against government projects.judiciary. mittimus for transfer to Bureau of Correction/National Bilibid Prison. 128. 1. 131-132. 104. 2010. Vol. 60 These recommendations were culled from CPRM Consultants. Saguisag. 4-5. and referral for medical/psychological treatment.html 63 National Prosecution Service 64 Asian Development Bank. p. Quezon City: Public Trust Media Group Inc. Mandaluyong City: Asian Development Bank. 2008. 106.ph/2010/05/14/outgoing-sc-justice-puno-to-associate-justice-corona-preserveintegrity-of-the-high-court/ 42 ADB Country Governance Assessment: Philippines. 62 See Veronica A. 132-135.‖ Presented during the International Conference and Showcase on Judicial Reforms held at the Shangri-la Hotel. Jackie C. Inc. enforcement of prior order of release.‖ JOAAG. Institutional Strengthening of the Shari’a Justice System (Phase 1). Mandaluyong City: Asian Development Bank. No. Mandaluyong City: Asian Development Bank. pp. 4-4. 61 ADB Country Governance Assessment: Philippines. p. pp. 2005.P. 9344/referral to mediation. 3. ―Tracking Anti-Corruption Initiatives: Perceptions and Experiences in the Philippines. p. 52 ADB Country Governance Assessment: Philippines. op. Institutional Strengthening of the Shari’a Justice System (Phase 1). 195 .Democratic Deficits in the Philippines: What is to be Done? 39 The mobile court provides increased access to justice for those who may avail of: bail/recognizance. Mandaluyong City: Asian Development Bank. 99. cit. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice.judiciary. Supported by the Supreme Court and the UNDP. p. Inc. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice.A. 1818.. p.html 40 For more details on how the ―Justice on Wheels‖ program was initially implemented. 67 E.ph/news_2007/news_aug2008_01. 2005. Pacoy.. except in cases that involve constitutional issues and if the matter involved is of extreme urgency. Institutional Strengthening of the Shari’a Justice System (Phase 1). 2005. p. June 2004. 59.. Azcuna. Shadow of Doubt: Probing the Supreme Court. 46 ADB Country Governance Assessment: Philippines. op. Background Note on the Justice Sector of the Philippines. 66 The Project Management Office (PMO) of the Supreme Court handles and coordinates the Action Program for Judicial Reform. 2009. 107. 47 Ibid. 58 These recommendations were culled from CPRM Consultants.‖ May 14. 105106. Philippines on 28-30 November 2005. ―Justice on wheels goes to work in Manila. Jimenez. 51 The law states that only the Supreme Court can issue temporary restraining orders against national government infrastructure projects. Final Report. 2005. June 2004. 4-2.. 117. March 2006. 48 For a detailed account of this crisis. cit. Another law. p. p.ph/news_2007/news_aug2008_02. ―The Justice on Wheels of the Philippines.‖ Available online from http://apjr. 44 Cited in Marites Danguilan Vitug. 59 These recommendations were culled from CPRM Consultants. diversion under R. Supported by the Supreme Court and the UNDP. 55 Ibid. Inc.gov. March 2006. 2005). Inc. pp. June 2004. 54 Ibid. Mandaluyong City: Asian Development Bank.. plea of guilty and sentencing. 107. 53 CPRM Consultants. Available online from http://balita. see Associate Justice Adolfo S. 104.. p. 103104. release pending hearing since detention period is already beyond the maximum penalty imposable.. 49 ADB Country Governance Assessment: Philippines.. 2010. 61-85. ―Judiciary-wide Court Management Information System (CMIS) launched: Seen to Help Reduce Caseload and Delays. p. Final Report. Final Report. 65 CPRM Consultants. pp. No. p.

Wolanin (eds).3. available online at http://transparency.2. 2010 available online from http://www.‖ Philippine Daily Inquirer. Elements and Approaches. Asia Pacific Press. Asia Pacific School of Economics and Management & Australian Institute of Criminology. Collective Action 101: Principles. (Berkeley: University of California Press.ederic. A Publication of the Capacity Development and Governance Division.0.132 respondents from 69 countries. TI explains that these scores reflect political stability. Note: Highest scorers in the 2009 CPI are New Zealand at 9. See http://www.‖ Manila Bulletin.inquirer. (2nd Assistant City Prosecutor). Denmark at 9.uk/2/hi/asia-pacific/1057716.4. March 10. R.Democratic Deficits in the Philippines: What is to be Done? ―Curbing Corruption.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 69 P. while a country scoring 10 in the index is perceived to have low levels of corruption. 75 Mario B. Issue 16. the index lists countries from the ―free‖ (80 points and higher) to the ―repressed‖ (below 50 points). 2010. 2010. 2001. Corruption and Anti-Corruption.ph/node/247016/corruption-wor 86 Ibid.treasury.org/?p=10#more-10 81 Ibid. 73 Concept by Robert Klitgaard. 68 The main findings presented in the global survey are as follows: • Corruption in the private sector is a growing concern among the general public • Political parties and civil service groups are perceived to be the most corrupt sectors around the world • Petty bribery is reported to be growing in some parts of the world –with the police the most likely recipients of bribes.‖ Manila Bulletin. 78 E.pdf 71 Nicholas Nugent. Larmour & N. Cited in J. 74 This was formerly known as Countrywide Development Fund (CDF). 76 Ibid. ―High cost of Corruption in Philippines.‖ Obejas is Prosecutor III. functioning public institutions. • Ordinary people do not feel empowered to speak out against corruption • Governments are considered to be ineffective in the fight against corruption – a view that has remained worryingly consistent in most countries over time. cit. As a poll of the general public.co. National Prosecution Service.stm 72 Cited in Joselito D.ph/statdata/monthly/mo_debtindicator. ―Boncodin defends pork barrel. ―A Practical Approach to Combatting Corruption: The Value Chain Methodology. p.P. op. long-established conflict of interest regulations. Land Transportation Office (LTO) and the Philippine National Police (PNP). 84 Cited in Edgard Tordecillas.net/index. 1988). January 31. the report offers the greatest country coverage todate at 73. According to Tordecillas. Controlling Corruption. Obejas. Singapore and Sweden tied at 9. Regional and Sustainable Development Department of Asian Development Bank. drawing on 13 different expert and business surveys. 83 Ibid. Pacoy. Casayuran. Department of Justice.php/component/content/article/83-opinion-columnist/13430-we-have-blatant-andquiet-corruption See also ―RP is 4th most corrupt in Southeast Asia. ―Wiping Away the Footprints of Corruption in the Philippines. Department of Agriculture (DA). 70 This consists of the National Government Debt and the National Government Debt Service.mb.bbc.manilatimes. 2007. December 6. 77 The four government agencies arethe Department of Agrarian Reform (DAR). Manila. 2000. Edgardo Campos. 196 . trails neighbors in Transparency International‘s corruption index.‖ in The Governance Brief. it provides an indicator of how corruption is affecting individuals on a national level and how efforts to curb corruption around the world are viewed on the ground.‖ Business Review. Philippines. Office of the City Prosecutor of Manila. With a maximum score of 100 points. 80 Cai U. both comprised of domestic and foreign debt.‖ BBC. and Switzerland at 9. a country receiving a score of zero is perceived to be highly corrupt.P. and solid. 85 ―We have blatant and quiet corruption. 10. R.com. Available from http://opinion. ―Integrity Initiative. May 8.gov. 87 This is prepared by The Heritage Foundation in cooperation with the Wall Street Journal. Ordinario. Available online from http://news. It is the only worldwide public opinion survey on views and experiences of corruption. The CPI measures the perceived levels of public-sector corruption in a given country and is a composite index. February 2010. 79 According to Transparency International.‖ available online from http://www. 82 Ibid.

Neutral (-9 to +9). D. February 16. which together generate regularity in behavior and allow people to get on with everyday business. p. The forum was organized by The Asia Foundation. Dhareshwar. Monsod.‖ Human Development Network Discussion Paper Series. Dailami. 105 Thomas. 1993). Social Weather Stations. Bhargava was formerly Country Director of the World Bank for the Philippines.‖ 98 Ibid. Opinion Section of the Philippine Daily Inquirer. 228-229... and Excellence in Governance (InciteGov). 104 Vicente T. Moral Imperatives of National Renewal: Readings on the Moral Recovery Program. 7. The sample enterprises were drawn from five study areas: 200 in Metro Manila. 97 Toby C. Bhargava was formerly Country Director of the World Bank for the Philippines. op. in partnership with the AIM and with the support of the National Endowment for Democracy. ―Boncodin defends pork barrel. & Wang. August 17. 197 . 2009 using face-to-face interviews of 550 top and middle-level enterprise managers (error margin of ±4%).inquirer.‖ n. The Quality of Growth. The ratings of agencies' sincerity in fighting corruption were graded into Very Good (net +50 and above). 102 Raul Pangalangan. Y.d. 5-6. The forum was organized by the International Center for Innovation. 94 LTSG. The forum was held on January 30. and Very Bad (-50 and below). March 15. PHDR Issue 2008/2009 No. Trillanes IV. Bad (-30 to -49). 93 Ibid. 2010. 107 ―Curbing Corruption. 2008.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 108 Vinay Bhargava. 2010.‖ Masteral Dissertation. 99 As reported by Mario B. The study ―zeroed in on the civil service in its capacity as ‗repository of expertise and institutional memory and implementer of policy‘ and defined institutions as the incentive systems that structure human interaction . 2000).. ―Combating Corruption in the Philippines. cit. 2010). Available from http://opinion. B2. informal constraints and enforcement characteristics. Anthonio F. 2010.. sponsored by The Asia Foundation. and the Hills Program on Governance. 366 of whom from randomly drawn Small and Medium Enterprises. SWS is a member of the Transparency and Accountable Governance (www. p. Shadow of Doubt: Probing the Supreme Court. 88 91 92 Cited in Larmour and Wolanin. 2010 at the Asian Institute of Management (AIM) in Makati City. ―Corruption in the Philippine Navy Procurement System. Poor (-10 to -29). Dennis Gadil. ―Corruption pulls down RP freedom ranking.‖ Philippine Daily Inquirer.. ―The main source of graft—Part II. 2010. 4.‖ Philippine Daily Inquirer. Villegas. January 31.the formal rules. 2010. May 8. ―P7. (Quezon City: Public Trust Media Group Inc. R. ―The banality of corruption‖ in his column ―Passion for Reason. (Manila: Senate of the Philippines. January 22.‖ in Mapping the Future. N. Kishor.. Transformation. 7. pp.17. 106 Vinay Bhargava. 2010 at the AIM Conference Center in Makati City.ph) research and advocacy project. ―The Philippine Bureacracy: Incentive structures and implications for performance.. V.‖ Manila Bulletin. 103 Ibid.‖ U4 Expert Answer. p.d.‖ n.Asian Institute of Management. Changes were considered "notable" when the rating moved in a different grade. M. 2002.. and 184 from randomly drawn Large Corporations. p. Moderate (+10 to +29). B4. López. 95 Farzana Nawaz and Alfred Bridi. pp. Good (+30 to +49). 100 Senator Leticia Ramos-Shahani. 100 each from Metro Cebu and Metro Davao. 22-23. and 75 each from Cavite-Laguna-Batangas (CALABA) and Cagayan de Oro/Iligan City. Transparency International.Democratic Deficits in the Philippines: What is to be Done? Ronnel W. Casayuran. 2010. pp.14B lost in DA‘s ‗wasteful‘ operation.‖ Malaya. ―Combating Corruption in the Philippines. A. 101 Ibid.org. 90 Presented by Social Weather Stations President Mahar Mangahas at the "Forum on the SWS 2009 Surveys of Enterprises on Corruption and Anti-Corruption Strategies" on February 11. 89 Ibid.tag.et al.. ―Overview of Corruption and Anti-Corruption in the Philippines. The 2009 SWS Surveys of Enterprises on Corruption were conducted from November 3 -December 5.‖ Philippine Daily Inquirer. Research funded by the United Nations Development Programs (UNDP). p. Domingo. Kaufmann. January 29. 96 Marites Danguilan Vitug. (New York: The World Bank and Oxford University Press.

December 03. 132 Bhargaya. op.. pp. op. September 4.‖ available online from http://www. op.inquirer. cit. Available from http://opinion. 138 Figures are from the official website of the Department of the Interior and Local Government at http://www.inquirer. cited in Tordecillas. Philippine Daily Inquirer. 124 Ibid.net/mindfeeds/mindfeeds/view/20071207-105462/The_Caricature_Coup___ Note: LTSG... 123 Tordecillas. etc al. ran for the Senate and succeeded but remains incarcerated. 2010. 125 Bhargaya. 137 Bhargaya. 7.. 8. ―Global Networking : The Caricature Coup. 128 ―CBCP offers masses for Freedom of Info bill.ph/search/lce 139 Alex Brillantes.net. Trillanes in his masteral dissertation entitled ―Corruption in the Philippine Navy Procurement System.inquirer. 2010. Available online from http://globalnation. Opinion Section of the Philippine Daily Inquirer. cit. (Philippines: CORAsia. op. 126 Mario B. who was one of the leaders of the 2003 coup attempt. cit. op.‖ Philippine Daily Inquirer. May 8. 119 Based on a recommendation made by LTSG. May 8.dilg. pp. 122 Vicente T.‖ in Mapping the Future. Available online from http://ph. 2010. op..html 129 ―Curbing Corruption. May 8.‖ Philippine Daily Inquirer.‖ in Analysis. op. p. 106-107. p. 133 Ibid. 111 Ibid. Available from http://opinion. 2010. 2009..news. ―Five year assessment of the implementation of the devolution in the Local Government Code‖ in Tapales. ―Analysis : President hostage to guns of gov‘t troops. pp. 2010.gov.org 121 Adrian Wood. 7. ―The main source of graft—Part II. op. 113 Ibid. p.. 2007. cit. 2010. op. 23.org/stories/1999/ram2.yahoo. 6. 2005. 141 Rodel Rodis. 144 Philippine Center for Investigative Journalism... cit. 12-13.world-psi.pcij.inquirer. p. Vol II. 142 Amando Doronila. 115 Bhargaya. 12. ―Creating a Tidal Wave Against Corruption in the Philippines. 118 Obejas. 106-107.com/gma/20100530/tph-cbcp-offers-masses-for-freedom-of-in-d6cd5cf. p. B2. Villegas.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 117 Ibid. 2007. 112 Ibid. Available from http://opinion.‖ GMANews. January 31. 136 Obejas. 140 ADB Country Governance Assessment: Philippines. ―Boncodin defends pork barrel. p. ―Collective Action against corruption.‖ Business Mirror. ―Integrity Initiative…‖. p.. op.. 116 ―Curbing Corruption. 107. Ariel Querubin likewise ran for the Senate in 2010 but had unsuccessful bids. December 7. Local Government in the Philippines. Available online from http://opinion.net/inquireropinion/columns/view/20071203104472/President_hostage_to_guns_of_gov%92t_troops 143 Ibid. 1998). p. 134 From Obejas.‖ Philippine Daily Inquirer.TV.html 109 198 .‖ Manila Bulletin. ―Another coup is unlikely.‖ INQUIRER. pp.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 110 Ibid.inquirer. 114 Monsod. Inc.‖ 2002. 522-523. March 15. Casayuran. cit. 131 Based on a recommendation made by LTSG. 13. 135 Cited in Obejas. Anthonio Trillanes IV. cit. Danny Lim and Col.‖ 2002. May 30.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 130 Ibid. cit. Trillanes in his masteral dissertation entitled ―Corruption in the Philippine Navy Procurement System.‖ Available online from http://www. Asian Development Bank. 120 Donna Mcguire.. cit. cit.Democratic Deficits in the Philippines: What is to be Done? ―Curbing Corruption. Gen. 127 Ibid. p.

Background Note on the Justice Sector of the Philippines. Available online from http://www. Simbulan. ―The blood politics of Abra.tv/story/189527/comelec-asked-toallow-reshuffling-of-partisan-police-chiefs 157 ―Roxas: PNP Zambo Sur Should be Accountable for Murders. 2010.net/inquireropinion/columns/view/20100406-262605/On-military-intervention 148 Ibid. Available online from http://www. 2008. 2003. 1999. Available online from http://www. ―Comelec asked to allow reshuffling of ‗partisan‘ police chiefs.gov. 12 February.com/article.groundreport.pcij.‖ Senate of the Philippines 14th Congress. ―Commentary: On Military Intervention. Joint Letter Directive 012010. January 20.‖ GMANews. 2010. 2010.inquirer.‖ December 1-2.‖ Philippine Daily Inquirer. 2010. See also AFP.html 150 Asian Development Bank.html This also appeared as Roland G. Panganiban. ―60% of Police Force ‗Live Below Poverty Line‘: PNP General.org/imag/Excerpt/military.‖ April 23.com/World/PNP-Promotion-System-Hit/2858173 162 Jess Diaz.org/2004/02/sb/sb005484. 2010.‖ February 14..philstar.TV. 165 CPRM Consultants. p. 166 Artemio V.gov..gov. Conformed by the Commission on Elections. April 7. p. 152 Ibid.html 164 THE REPORT OF THE FACT FINDING COMMISSION Pursuant to Administrative Order No. 2008. 2006.html 147 Roland G.gmanews.Democratic Deficits in the Philippines: What is to be Done? Glenda Gloria.yonip. Available online from http://newsinfo. 149 Cecille M.inquirer. 151 Ibid. Suerte Felipe. p.php?option=com_content&view=article&id=173:pnp-mountsaggressive-police-action-on-private-armies&catid=1:latest-news&Itemid=50 160 Ma. April 2010.‖ March 24.net/breakingnews/nation/view/20100407262848/PNP-chief-to-retiring-police-officers-Quit-your-posts 159 Public Information Office. available online from http://opinion.com/archives/editorial/ed-000066.org/HotSeat/davidereport. Available online from http://www. Local Police Reshuffle Should Focus on Areas Where These May be Used for Partisan Politics. Available from www. 47. Vol. 2007. 146 ―Out of the Barracks.pcij. ―Education for All.pnp. Below World Standards. 4-6.asp (6 June 2009) 145 199 .‖ Press Release from the Office of Senator Mar Roxas.articlearchives.asp 158 Abigail Kwok and Marlon Ramos. ―The RAM Boys: Where are they now?. Submitted to the Office of the President on 17 OCTOBER 2003.senate. 2009. ―Toedoro: AFP. 44.‖ The Philippine Star. 2010. YONIP Editorial. available online from www. 66.‖ Philippine Daily Inquirer. 78 of the President of the Republic of the Philippines Dated July 30. 2009.net. Armed Forces of the Philippines and Philippine National Police.htm.pcij. 153 Ibid. Ayn Ballesta. The Politics of Military Intervention. where she grew up. 2 June.. Tan.‖ STARweek. p.‖ March 27.com/law-legalsystem/constitutional-law-freedom-press/230758-1.inquirer.org/stories/the-blood-politics-of-abra/ Ma. available online from http://pcij. April 27. Available online from http://opinion. Available from www.newsflash. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice.‖ Manila Bulletin.ph/?p=10002 156 Kimberly Jane T. 154 See AFP-PNP Joint Operational Guidelines for 2010 National and Local Elections. 47. Available online from http://www. Simbulan.ph/press_release/2010/0120_roxas3. ―Transforming the PNP. April 6. ―PNP chief to retiring police officers: Quit your posts. September 16.ph/press_release/2009/0606_escudero2.ph/cms/index. Available online from http://www. 169 ―Public Schools Overcrowded. Available online from http://www. 161 ―PNP Promotion System Hit.. ―PNP warns mayors from using cops during election period.aspx?articleid=505720 163 See http://www.html Based on We Were Soldiers: Military Men in Politics and the Bureaucracy. 168 Ibid. Inc. Ayn Ballesta is the pseudonym of a member of a prominent clan in Abra. 155 Dateline Philippines.‖ available online from http://www. Study supported by the United Nations Development Program (UNDP) and the Supreme Court of the Philippines. 44. PNP can‘t install transition president. ―PNP mounts aggressive police action on private armies. March 2006.‖ Inquirer. Available online from http://dateline.org/stories/1999/ram.senate. p.net/inquireropinion/columns/view/20080615-142723/Education-for-all (15 June 2008) 167 Ibid. a pamphlet published by the Friedrich Ebert Stiftung.

Bautista. Ma. 2008). For a Gladwell‘s detailed discussion of the implications of school days and long summer vacations.‖ Bulatlat. Ma.I. 2010 at NISMED.I. 196 These points were discussed and proposed by Prof. cit. (New York: Little Brown and Company. 2010 at the NISMED. Allan B. Dina S. 193 See ―Slash the fat. 180 Ibid. May 18.‖ available online from http://efa2015. Daily Herald. available online from http://www.‖ The New York Times. op. UP Diliman. ―Suggestions for Education Nation. Diokno. UP Diliman.110mb. and Prof.ph/downloadables/Butch%20Abad. Diokno. 184 Luz.nytimes. in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9. op. Available online from http://www. education reform campaign launched to elect Education President. 260.htm (2005) 172 ―Education: Issue. ― Back-to-School Woes Worst Ever. 189 Luz.uis. Abad. Prof.aspx (2009) 174 UNICEF Philippines. 2008). 181 Ibid. Dina S. Cynthia Rose Banzon Bautista. UP Diliman. Outliers: The Story of Success. Prof. 194 Malcolm Gladwell. ―The Challenge of Governance in a Large Bureaucracy (Department of Education): Linking governance to performance in an under-performing sector. 190 Professional Regulatory Commission 191 This has been proposed by a number of educators including Prof. UP Diliman. Bernardo and Prof. Ma. 179 Ibid.pdf (26 September 2007) 176 Juan Miguel Luz.unicef. ―UN report ranks RP education behind Tanzania.com/2009/08/25/world/asia/25iht-phils. Prof. Quezon City. Quezon City.‖ Philippine Daily Inquirer. 185 Anna Liza T. available online from www.Ocampo in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9. Cynthia Rose B.unesco. Quezon City.org/selectIndicators. and short summer vacations. p. Bautista. Cynthia Rose B. Allan B. op. 2010 at the NISMED. 2010. see Chapter 8 entitled ―Rice Paddies and Math Tests‖ (pp. Serena I.Ocampo in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9. an experimental public school which has longer school days and school hours. 188 Roger Posadas. professor of sociology and former Dean of the College of Social Science and Philosophy (CSSP). http://gmr. Allan B. professor of Reading Education and Dean of the UP College of Education. Ma.com/news/5-17/5-17-woes.org. p.‖ available online from www. 192 These points were discussed and proposed by Prof.I. cit. Ocampo. Ma. cit. Since 7 is the most common entrance age. Ma. Serena I. Cynthia Rose B. not school days‖ in In Our View. Zambia-Binay. (New York: Little Brown and Company.‖ Philippine Daily Inquirer. Prof. op.com/BESRA%20brochure. 182 Ibid.bulatlat.‖ Philippine Daily Inquirer. 187 Philip C. Prof.org/philippines/8900. 170 200 . Serena I. Ma. Tubeza. enrolment ratios were calculated using the 7-11 age group for population. Available online from http://heraldextra.org. 195 These points were discussed and proposed by Prof. Quezon City. 2010 at the NISMED. 186 ―Basic Education Sector Reform Agenda (2005-2010). ―The Philippines Face Classroom Shortage.‖ available online from hdn. Prof. Outliers: The Story of Success. 260. 250-269). ―10-pt. Diokno. Bernardo and Prof. Dina S. 24 January 2010. Bernardo and Prof. 183 Ibid.pdf.fnf. 178 Ibid. Bautista. cit.pdf (2009) 177 Abad.html. Villas.Ocampo in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9. 175 Florencio B.html (24 August 2009) 171 Carl Marc Lamota. as well as the experience of the Knowledge is Power Program (KIPP) Academy.com/news/opinion/editorial/article_fdd1084a-3a9b-5656-aab5-65f9e6113fc6. 23 February 2010. Source: UNESCO Institute for Statistics database.‖ UNICEF Philippines. See also Malcolm Gladwell. Dina S. 224-249) and Chapter 9 entitled ―Marita‘s Bargain‖ (pp. 29 April 2010.Democratic Deficits in the Philippines: What is to be Done? Seth Mydans. ―The State of Philippine Public Education: Problems and Approaches.html (2008) 173 Note: Children enter primary school at age 6 or 7.ph/wpcontent/uploads/2009/05/dp01_luz.

‖ available online from http://www. Gerodias. 2010 at the NISMED.‖ Human Development Report 2000 Background Paper. 2008 from http://www.‖ available online from http://www.html 222 Workshop on ―Natural Resource-Based Conflicts in the Philippines: Trends. Shelton. ―Blueprint for Universal Health Care 2010-2015 and Beyond. 219 Stand Up for Your Rights is an international human rights NGO based in The Netherlands. RN. "Human Rights. 2008.‖ in 16 New York University Environmental Law Journal 711 (2008). ―Resource Security Bridging the Divide Between Energy. p. Retrieved July 14.edu. Economy.‖ 28 Stan.aspx?ReportId=77822. 221 Jenny Kehl. 217 Ayesha Dias.Democratic Deficits in the Philippines: What is to be Done? Proposed by Prof.ph/upforum.gov 223 Thomas F. p.ph/upforum.up. 6. available from http://gfdrr.php?i=289 199 Ibid. Environment and Development: With Special Emphasis on Corporate Accountability.org/Report. p.pdf 207 The Milk Code 208 Sexually transmitted disease 209 Local Government Code 210 Health Human Resource 211 Health Sector Expenditure Framework 212 Injecting drug users 213 Philippine Health Insurance Corporation or PhilHealth 214 See Javaid Rehman.allacademic. RN and Joanna Ruth Palermo. Environment. and the Future of Private Property.msh. Challenges and Actions‖ held on 1314 May 2004. ―Biochem Report 20017-2008: Malnutrition in the Philippines. 198 The UP Forum. UP Diliman.php?i=289 203 204 206 Philippine Development Forum Working Group on Millennium Development Goals MDGs) and Social Progress.edu.ph/upforum. Serena I.com/meta/p_mla_apa_research _citation/2/5/4/2/9/p254298_index. Ma. op. ―Philippines: Nutrition gains at risk. 2008 from www. Environmental Human Rights. 6.asp?pid=83 220 Ayesha Dias. Bridging Multiple Divides held at Hilton San Francisco.up. 5.‖ available online from http://www. Politics and Policy" Paper presented at the annual meeting of the ISA's 49th Annual Convention.ph/downloads/Annex_2_FINAL_PDF_Health[1]. Fatma Zohra Ksentini. ―Health Sector Reforms: A Progress Report. USA on March 26. 218 Ms.edu.org/ctrydrmnotes/Philippines.php?i=289 197 ―The Philippines Health Sector Reform Agenda. scarcity. ―The Public Trust Doctrine.org/default.‖ Stand Up For Your Rights has a "Right to Environment" Campaign. Int'l L (1991). San Francisco. Diokno in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9.scribd. 224 Country Disaster Risk Management Note on the Philippines by the Global Facility for Disaster Reduction and Recovery.up. CA. Homer-Dixon. International Human Rights Law: A Practical Approach 6-7 (2003) and David Takacs. 215 Principle 1 of the Declaration of the United Nations Conference on the Human Environment also referred to as the 1972 Stockholm Convention. and violence. Retrieved June 25. (18 April 2008) 201 Edgar M. Environmental rights and the Right to Environment. cit.‖ available online from http://www. was appointed as the Special Rapporteur in 1991 by the United Nations Sub-Commissioner on Prevention of Discrimination and Protection of Minorities. See http://www. a human rights lawyer from Algeria and a member of the Sub-Commission.irinnews. UN Office for the Coordination of Humanitarian Affairs.‖ available online from http://erc. ―Blueprint for Universal Health Care 2010-2015 and Beyond.org/hsr/index.com/doc/243953/Malnutrition-in-the-Philippines 202 The UP Forum.‖ available online from http://www.righttoenvironment. which focuses on ―human rights issues that are intertwined with a sustainable future of people and all life on this planet. Security. 200 IRIN. 205 The UP Forum.usaid.htm Ibid. (United Kingdom: Princeton University Press. ―Blueprint for Universal Health Care 2010-2015 and Beyond. J. 216 D. ―Human Rights. Quezon City.pdf 201 .‖ available online from http://pdf. 1999).

gov. This can be thought of as a measure of ‗irreplaceability. (Pasig City: Philippine Center for Investigative Journalism. edited by Teresa S. Tribune. June 2009. ―The Environmental Movement and Philippine Politics‖ in Philippine Politics and Governance: Challenges to Democratization & Development. an economist from the University of the Philippines and former chief economist for the Philippines at the Asian Development Bank. 8. 14. available from http://services. Three years later an extensive global review was undertaken. Abadilla.biodiversityhotspots. 230 Howie G.aspx 236 According to Conservation International: ―A seminal paper by Norman Myers in 1988 first identified ten tropical forest ―hotspots‖ characterized both by exceptional levels of plant endemism and by serious levels of habitat loss. 231 Ibid. The Environmental Crisis. p. 4th edition. 249 Gunther Handl. ‗Human Rights and Protection of the Environment: A Mildly ―Revisionist‖ View. 241 European Commission. Country Environmental Profile – Updates.. 1997) edited by Ceciole C. cit. The Philippines. June 2009.‖ 240 See http://www. 247 The Supreme Court Reversal on La Bugal . De Vera.org/xp/Hotspots/philippines/Pages/default.‖ Philippine Daily Inquirer.‘ Since endemic species cannot be found anywhere else.net/print/print. the organization made the decision to undertake a reassessment of the hotspots concept.aspx Accessed on May 4. edited by Ceciole C. p. ―The Costs of Extraction. Balgos. (Pasig City: Philippine Center for Investigative Journalism. ―Environmental degradation.‖ in Saving the Earth: The Philippine Experience.htm 246 Riza T. Morada. 248 Howie G. p.ph/revitalization_files/revitalization_frame. 234 Domingo C. A.Democratic Deficits in the Philippines: What is to be Done? Ellalyn B. (See ―Hotspots Defined‖ in http://www. 14. available from http://gfdrr.pdf 227 Country Environmental Analysis 2008: Philippines. pp. (Quezon City: Department of Political Science. 4th edition.aspx 237 See official website of Conservation International‘s Biodiversity Hotspots featuring the ―Philippines. 1997).org/xp/Hotspots/philippines/Pages/default. climate change blamed for massive flooding. 244 Philippine News Agency. 3.5 percent of the world‘s total) as endemics. Philippine Daily Inquirer. p.‖ available from http://www. Severino. The Philippines.inquirer. Remo. officials say. 2010.biodiversityhotspots. Inc. 14. 228 European Commission. In 1990 Myers added a further eight hotspots. June 2009. p. 8. Country Environmental Profile – Updates. p.‘ n.‖ Available from http://www. 2010. 245 See ―The Revitalization of the Minerals Industry Program. including four Mediterranean-type ecosystems. Balgos.‖ outlining the Philippine government‘s policy on mining. 135136. op. p. Inc. 8. Kasama sa Kalikasan/ Friends of the Earth – Philippines (LRC-KSK/FOE-Phil.biodiversityhotspots. available from http://www. Statement from Legal Rights and Natural Resources Center. 2006). 239 Conservation International defines ―endemism‖ as “the degree to which species are found only in a given place. 1982).d. 2008). May 16.500 species of vascular plants (> 0. p.A Bigger Storm Brewing Network.biodiversityhotspots. The Politics of Logging: Power from the Forest. ―GMA. 235 See official website of Conservation International‘s Biodiversity Hotspots featuring the ―Philippines. 233. the area where an endemic species lives is wholly irreplaceable.ph/node/222382/environmental-degradation-climate-change-blamed-ma 225 226 As cited in Country Disaster Risk Management Note on the Philippines by the Global Facility for Disaster Reduction and Recovery.org/ctrydrmnotes/Philippines. p.‖ in Saving the Earth: The Philippine Experience.aspx 238 See http://www.) December 8. 2010. and it has to have lost at least 70 percent of its original habitat. ―The Costs of Extraction. 229 Economist Ernesto Pernia. explains this as interviewed by Michelle V. ―Environmental woes blamed on RP‘s huge population. 2009. (Pasig City: Asian Development Bank.org/xp/Hotspots/philippines/Pages/default. 2004.aspx Accessed on May 4. (Manila: Philippine Education Company. 233 Marites Danguilan Vitug. 3. Olchondra. 10. (Pasig City: Philippine Center for Investigative Journalism. 13. including an examination of whether key areas had been overlooked.org/xp/hotspots/hotspotsscience/Pages/hotspots_defined. and in 1996. The Philippines.org/xp/Hotspots/philippines/Pages/default. 243 European Commission. 1993). 202 . 242 Howie G. p. Encarnacion Tadem and Noel M. which introduced quantitative thresholds for the designation of biodiversity hotspots: To qualify as a hotspot.‖ Available from http://www. January 18.biodiversityhotspots. Country Environmental Profile – Updates.mgb. 5 other heads of state ink Coral Triangle Initiative. a region must meet two strict criteria: it must contain at least 1. October 24. A.mb. Conservation International adopted Myers‘ hotspots as its institutional blueprint in 1989.. Severino.php?article_id=231994.com. ―Mining still an investment draw. Severino. p. 2009. 232 Ruth Lusterio Rico.

Habito. 257 Greenpeace. 113. The Philippines. 2010. Polluting vehicles and industrial processes must pay a charge. Country Environmental Profile – Updates. (Pasig City: Asian Development Bank. 2007.aspx?articleId=36402 265 Office of the President. deductibility of R&D expenditures or tax credits on the VAT of the equipment and are exempt from real property tax on the machinery or equipment used to comply. 2006-2007. November 2007. 263 Philippines: Climate Change tops DENR priority in 2007..‖ (n.‖ May 14. Right to Self-Governance and Empowerment. 50. April 21. Social Justice and Human Rights. 1996.philstar. 267 Ibid. Philippines. and international agreements on the recognition of land/domain rights of the IPs. At the local and municipal levels. 266 Candelaria. 258 ―Global warming to cause famine in RP by 2020. Vulnerabilities And Adaptation In Developing Countries.php 276 See the official website of the US Environmental Protection Agency at http://www. 28 February 2008.‖ The Philippine Star. 269 ―Outgoing SC Justice Puno to Associate Justice Corona: Preserve integrity of the High Court. 2008). ―Yearender: Climate change tops DENR priority in 2007. 274 Based on recommendations of a 2004-study commissioned by the International Tropical Timber Organization (ITTO) as cited in ―DENR calls on communities to help prevent and control forest fires. ―Economy and Environment in the Philippines: Issues and Imperatives. July 11-12. consolidated bills related to ancestral domains and lands. PDI. governments are allowed to set emission quotas by pollution source. p. (See http://projects.epa. 272 See draft of ―enhanced Philippine Agenda 21‖ at: http://pcsd.‖ Manila Times.gov. p.‖ n.d).ncip. PDI. enterprise.‖ International Alert.d. 254 Country Environmental Analysis 2008: Philippines. corporation or groups that installed pollution control devices or retrofitted its existing facilities to comply with the emissions standards in the Act can apply for tax incentives of accelerated depreciation. ―The Important Role of Free and Prior Informed Consent (FPIC) in Responsible Mining‖ delivered before the Chamber of Mines of the Philippines in November 2007.ph/ 273 Declaration.gov.html The Clean Air Act outlines the government‘s measures to reduce air pollution and incorporate environmental protection into its development plans. The law seeks to recognize.wri..ph/article/articleview/5632/1/39/ 275 See http://unfccc.org/caiasia/1412/article-34762. 9. Maria Milagros.ph 253 Climate Change: Impacts. 252 Culled from various public speeches of Insigne in early 2010 and the NCIP website at www. Sedfrey and Ballesteros. and the Right to Cultural Integrity.com/ArticlePrinterFriendly.org/sd-pamsdatabase/phillipines/clean-air-act) 262 PGMA Creates Task Force on Climate Change.‖ March 4. 271 Cielito F. ―Designation of ‗Green Benches‘ in the Philippines: Regional Exchange in Support of Improved Judicial Institutions and Capacity. promote and protect the rights of the indigenous peoples of the Philippines. p. 1997 by then President Ramos. 259 ―A Climate of Conflict. June 2009. It sets emission standards for all motor vehicles and issues registration only upon demonstration of compliance. 260 Air Quality Monitoring Boards 261 See also http://www. ―PGMA Signs Renewable Energy Act of 2008 Today.gov. Insigne was then Chairman of the National Commission on Indigenous Peoples (NCIP). 8. available from http://www. 2 January 2008 264 Katherine Adraneda. 255 Climate Change 2007: Synthesis Report. 256 European Commission. It also establishes a R&D program for air pollution reduction mechanisms and technologies. The Philippines: A Climate Hotspot. It relies heavily on the polluter pays principle and other market-based instruments to promote self-regulation among the population. Available from http://www. Any individual. p. 1. 4th Assessment Report of the Intergovernmental Panel on Climate Change. 2. p. These include the Right to Ancestral Domain and Lands. 21. Insigne.cleanairnet. 2010. p.Democratic Deficits in the Philippines: What is to be Done? 250 The IPRA was signed into law on October 29. Eugenio A. It also issues pollutant limitations for industry. p.ph/2010/05/14/outgoing-sc-justice-puno-to-associate-justicecorona-preserve-integrity-of-the-high-court/ 270 Ibid. 268 Ibid.net. the IPRA is the result of various consultations. and the development of recycling programs is encouraged.gov/greenchemistry/ 203 .neda. 2008. Hailed as a landmark legislation. APEC Ministerial Meeting on Sustainable Development. 251 Atty. It bans incineration and smoking in public places.int/kyoto_protocol/items/2830. United Nations Framework Convention on Climate Change (UNFCC). Manila. Available online from http://balita.denr.‖ (press release of the Office of the President).

‖ (Commentary) Philippine Daily Inquirer.net. 282 Ibid. 283 Ibid. ―Uncertainties surrounding nuclear waste. 47. Kelly. 281-282.com/ArticlePrinterFriendly. 293 C.org. The ADSDPPs are filed at the NCIP main office. ―Country Comparison: Population. 2003.census. Concepcion. 96. 204 . 290 Ibid.S. p. 98. 306 ―Solons Bat for Merge of GSIS. Press Release. U.org/ctrydrmnotes/Philippines. September 30. 2009. Iloilo City and Ateneo de Davao University.. ―A Simple Solution to China‘s Pension Crisis. 2010..‖ http://www.‖ Malaya.. July 11-12. available from http://www. 44. cit.Democratic Deficits in the Philippines: What is to be Done? 277 278 Declaration. 2008) 296 Based on the 1995 Mid-Decade Census. 305 ―Bad Investments. 295 National Statistics Office. SSS. Nelson D.org. January 1. Philippines. Agency for International Development and the Joint UNEP/OCHA Environment Unit [Geneva]).gov. May 14.‖ January 12. 45.‖ available online from http://www.. Quezon City. UP Diliman.htm.―The Millennium Development Goals: Goal 4 Reduce child mortality. Vol. Jr. Li and Ling Li.ph/data/pressrelease/2008/pr0830tx.undp. 309 Pay as you go system consisting of social pooling and individual fund accumulation where employers and employees must deposit money into the accounts regularly.‖ available online from http://www. 23. 1. 2nd floor. ―Greepeace debunks nuclear benefit. nuke option looks appealing.‖ available online from https://www. 280 A Forum on Environmental Justice: Upholding the Right to a Balanced & Healthful Ecology was held on 16 – 17 April 2009 at the University of the Cordilleras.gov/library/publications/the-world-factbook/rankorder/2119rank. p.cia. 299 Central Intelligence Agency. 292 Ibid. Politics Blamed for SSS Losses.html. 294 Primary statistical arm of the government of the Philippines. Remo. Delta Bldg. published by The World Bank. 291 Ibid. p.‖ Reengineering the SSS. December 19.. 5 of Monograph Series of Asian Labor Network on IFIs/Philippine Chapter. 2003.html. 310 David D.. (Philippines. 302 United Nations Development Programme Philippines . 289 Country Disaster Risk Management Note on the Philippines by the Global Facility for Disaster Reduction and Recovery. Quezon Blvd.‖ Philippine Daily inquirer. Available from http://gfdrr. No. 1996.newsflash. 281 Natural Disaster Risk Management in the Philippines.philstar. 2004. 298 Ibid.aspx?articleId=36402 288 See Amy R.ph/?link=goal_4 303 Ibid.‖ The Manila Times Internet Edition. downloadable at http://www. ―Yearender: Climate change tops DENR priority in 2007.‖ Cato Journal. 14 February 2005. a privilege speech.‖ available online from http://www. ―Draft Field Report: Philippines Flooding/Typhoon Rapid Environmental Impact Assessment. Insigne as culled from his various public speeches. East Asia and the Pacific Region. (2009) 300 United Nations Development Programme Philippines. No. 308 Presented during the ALNI/P Symposium at Balay Kalinaw. 279 Based on the advocacy of former NCIP Chairman Eugenio A. p. 2. 284 International financing institutions 285 Philippines Catastrophe Insurance Pool 286 Philippine Insurers and Reinsurers Association 287 Katherine Adraneda. Quezon City. ―Why Population Growth is Still an Issue in the Philippines. March 5.manilatimes. Baguio City (with simultaneous forums in the University of the Philippines Visayas. ―The Millennium Development Goals: Goal 5 Improve maternal health..‖ 307 Ramon Magsaysay. pp. Fall 2003. December 18. ―For 3 agencies. 304 Concepcion. The World Factbook.ph/?link=goal_5 301 Merceditas B. Manila..pdf DRR stands for Disaster Risk Reduction. p. Paul Icamina.‖ The Philippine Star. Vol. APEC Ministerial Meeting on Sustainable Development. Organized by the Supreme Court. op. 97. Laviña. ―How is Your Pension Doing?. 297 Based on the 2000 Census of Population and Housing. 2010. Davao City via video conferencing)..undp.org/2004/02/si/si001983. ―Official population count reveals. 2005. p. Rural Development and the National Disaster Coordinating Council of the Philippines. (with financial support of Office of Foreign Disaster Assistance..

346 Hutchcroft. op. p.‖ Philippine Daily Inquirer. 354 Ibid. 319 Ibid. 316 Ibid. 2010. workforce.heritage. 1996.. 338 Ibid 339 Sicat. bad G word. March 8. February 9. 311 312 205 . cit. op. 2004.5.ph/statdata/monthly/mo_debtindicator. 332 Economists define rents in this context as the ―return to factors that have fixed supply. 356 Ibid. A8. 320 Cielito Habito. cit. March 1. GNP 2009. 37. 336 Ibid.‖ Monthly Labor Review. op. 323 Ibid. cited in David D.‖ Philippine Daily Inquirer. 2003..‖ Philippine Daily Inquirer.‖ Malaya.S.A3 335 Ibid.cit. ―The new big. 2010. See Irma Isip. Gerardo Sicat 333 Sicat. 334 Amado Macasaet. February 1. 330 Taken from a half-page advertisement of the Joint Foreign Chambers of the Philippines in the Philippine Daily Inquirer.Democratic Deficits in the Philippines: What is to be Done? Li and Xu. p. cit.. 349 See http://www. cit. B2. ―What next president must do to grow economy. ―A damaged culture and the economy‖.. November 16. ―Local biz confident of access to financing. Li and Ling Li. p. 313 Taken from the 2005 ADB Philippines Private Sector Assessment Study. 322 Habito. 342 Air Transportation Office 343 Philippine Ports Authority 344 Ibid. bureaucracy and legislation‖. 355 Ibid. 328 Ibid. 50.treasury. Mitra Toossi. 352 Sicat. p. p. p.. 337 Sicat. 2010. p. 314 Ibid. 351 Neri. p. cit.. Source: Dr.‘ 348 Neri. See http://www. ―Salceda: Rich also became richer. 340 ADB. 315 Ibid. ―Labor force projections to 2012: the graying of the U.pdf 326 Ibid. 282.org/index/country/philippines 350 Habito. p. 2010.‖ Philippine Daily Inquirer.gov.34. 325 This consists of the National Government Debt and the National Government Debt Service. 4. p. A1. 331 Ibid. ―GNP 2009: Gutom Na Pinoy?. 324 Ibid. Malaya. 321 Mar Arguelles. p. op. ―A Simple Solution to China‘s Pension Crisis. 345 In fact. 2009. which is brought about by artificial scarcities that result from the intricacies of regulations. February 15. A11. 2010. 317 Ibid. 2010. both comprised of domestic and foreign debt. 329 Gil Cabacungan Jr.‖ p. February 28. op. 327 Ibid. regulations remain a major constraint. 318 Cielito Habito. 341 Ibid. 353 Ibid. February 2004.27. 357 Ibid. 347 Loosely translated as ‗debt of gratitude. op. we are third in the world in terms of local business optimism in access to financing in 2010.

cit. ICES. Iligan. 371 Ibid.45-51. Dipolog.11 375 Literally translated as ―Moro Nation. 2. Zamboanga del Norte. ―On Issues in the Charter Change. General Santos. p. February 28. issue no. Pagadian. 362 Aldaba‘s example: facing temporary job losses causes by the inevitable death of inefficient firms. Davao del Sur. Sarangani. Zamboanga del Sur.php?option=com_content&task=view&id=3740.‖ Philippine Daily Inquirer. The Philippines: The 1996 Peace Agreement for the Southern Philippines: An Assessment. 360 Rafaelita Aldaba.cit. Sultan Kudarat. 377 Liwanag. Marawi. It also encompasses the cities of Cotabato. op. Available online from http://www. Accessed March 11. 393 Available online from http://www.com/index. 2004). 26. Tawi-tawi. 2010.. p. Maguindanao. Those in quotation marks are Liwanag‘s direct statements. cit. 386 K. 1988. 2.html.php?option=com_content&task=blogcategory&id=106&Itemid=190. op. 384 Ibid.‖ 376 Government forces were involved in the killing of hundreds of Muslim youth who were ‗recruited‘ to be part of the Philippine military forces. Alonto. (Cotabato City: Center for Autonomy and Governance. 388 Ibid. 364 Habito. 383 Tan. http://www. cit.1 389 Ibid. 1999.11.htm. Pangalian Balindong of the Second District of Lanao del Sur addressing the House of Representatives on January 30. Accessed April 29. 206 . p. Available online from http://www. p. 385 Quoted verbatim from the Privilege Speech of Rep. 2010. 392 Balindong.ploughshares. op. p. vol. 365 Habito. 366 Ibid. 2010. 52-53. Ibid. 394 Ibid. and Palawan. Sulu. 380 Taken from the Project Ploughshares website.net/v40n01/insurgency. Bauzon. pp. ―China-ASEAN Free Trade Deal: Implications for Philippine Industries. Accessed February 24. p. cit. 2010. 370 Ibid. 372 M. The Persistence of Insurgency in the Philippines. 363 Ibid. 387 The SZOPAD consists of 14 provinces: Basilan. 361 Ibid. op.46. South Cotabato. 391 Ibid. ―How workers fared in 2009. 367 Habito. Zamboanga. 379 Ibid. Accessed March 11. 369 A large part of this text was taken from the “BRIEF REVIEW OF THE HISTORY OF THE COMMUNIST PARTY OF THE PHILIPPINES: On the Occasion of the 20th Anniversary of its Reestablishment” written by Armando Liwanag on December 26. and Puerto Princesa. 373 Benedicto Bacani. Lanao del Norte.2 390 Ibid. Dapitan. North Cotabato. 378 Roy Lagarde. Lanao del Sur. A14. op. p. 382 Ibid.com/index.. 2010. 2008. 368 Ibid. pp. April-June 2006. to make room for the creation of new jobs in the new firms that will respond to export incentives. January 25. 2010.Democratic Deficits in the Philippines: What is to be Done? 358 359 Ibid.‖ Autonomy and Peace Review.impactmagazine.ca/libraries/ACRText/ACRPhilippinesN. Beyond Paper Autonomy: The Challenge in Southern Philippines.mindanews.‖ Philippine Daily Inquirer. 381 Ibid.mindanews. 374 Ibid.

404 Bacani. Manzo. Available online from http://dirp3. 413 News article available online from http://globalnation. p. 414 See http://www. 407 Ibid. xvii. 1997). 22-56.. http://www. xii-xiii. p. (Makati: Asian Institute of Management. 430 Amado Macasaet. ―Global Food Security Outlook. 419 Valenzuela. Eugenio A. pp. SEAMEO-INNOTECH.org. Climate and Food Security Conference entitled Responding to Global Challenges through Regional Cooperation and Public-Private Partnership (Makati: Asian Institute of Management and Konrad Adenauer Stiftung.org/index. xvii..pids.pdf Accessed May 1. Philippine Journal of Development. March 1.html 425 Ibid.inquirer.‖ Proceedings of the Energy.php/news/nation/15897-grp-mnlf-sign-agreement-toenforce-1996-peace-deal. 2010.ph/ris/pjd/pidspjd02-2foodsecurity. 1970).gov.net/index.php?option=com_content&task=view&id=20&Itemid=55 424 Taken directly from the Department of Agriculture website: http://www. p. 429 Ibid. 418 Ibid. xii. pp.org/blog/wp-docs/Abueva-Federalism.pcij. 409 Ibid. Second Semester 2002.fivims. cit. (Makati: Asian Institute of Management. 399 Ted Robert Gurr.49 420 V.. 1997).pdf. 405 Jose Abueva.rtf 415 Edgardo T. 421 Available online from http://www..Democratic Deficits in the Philippines: What is to be Done? 395 Available online from http://www. 401 Rosalita Nuñez. 427 Ibid. Quezon City on 10 August 2009. 400 Ibid. Diliman. Joint Needs Assessment for Reconstruction and Development of Conflict-Affected Areas in Mindanao. Climate and Food Security Conference entitled Responding to Global Challenges through Regional Cooperation and Public-Private Partnership (Asian Institute of Management and Konrad Adenauer Stiftung.agriculture-ph.47-50. Roots of Conflict. Accessed April 29. 417 Ibid. XXIX. p. Rosalita Nuñez. op. ―Food Security in the Region and in the Philippines. cit. ―A damaged culture and the economy. Why Men Rebel (New Jersey: Princeton University Press.‖ Malaya.net/news/breakingnews/view/2007082484523/DepEd_pushes_madrasah_program. 426 Message of NCIP Chairman Atty. 2008). Number 54. 411 Ibid. 50.‖ Proceedings of the Energy. 207 . p.48.cit. 396 Lagarde. xiii. p. 410 Ibid. cit. Valenzuela. 2005) pp. p. Vol. p. xi-xiv. op. 2010. 403 Ibid. available online from http://www. Roots of Conflict. Bruce Tolentino. 2010.. ―The Globalization of Food Security: Rice Policy Reforms in the Philippines. 416 Ibid. Commonwealth Avenue.fivims. 397 Ibid. 2010.. 402 In the Editor‘s Introduction by Emil Bolongaita Jr. 22-56. Accessed May 2..php?option=com_content&task=view&id=20&Itemid=55 422 Accelerated Hunger Mitigation Program 423 Directly quoted from the Food Insecurity and Vulnerability Information and Mapping Systems (FIVIMS) website. xiii. op. 2008). 406 International Bank for Reconstruction and Development/The World Bank.childprotection. Perceles H. 412 Nuñez.. 431 Dr. p. Insigne during the World Indigenous Peoples Day held at Pearl Room. 398 Ibid. A3. pp. op.. (Philippines: The World Bank. Accessed May 1 2010. pp.. 428 Ibid.manilatimes. pp.ph/monthlyfeatures/mar2k2a. xvii.com/2009/01/dept-ofagriculuture-food-security-and.org/index. 408 Ibid.

1963.. Asian Development Bank.al. Dynamics of Political Parties in the Philippines. Environment.. Raymund. Gladwell. Maria Roda. 1972. Robert C.Democratic Deficits in the Philippines: What is to be Done? Bibliography Books Abadilla. Ted R. Princeton: Princeton University Press. Vol II. Carlos. Asian Development Bank. 2005 ADB Philippines Private Sector Assessment Study. New York: Harper & Row. Benedicto. ―Five year assessment of the implementation of the devolution in the Local Government Code‖ in Local Government in the Philippines. Beyond Paper Autonomy: The Challenge in Southern Philippines. 1982. Metro Manila: National Judicial Institute. Ponciano and Habaradas. 1997. Action and organization: An introduction to contemporary political science. Outliers. Inc. Alex. ―Rediscovering Olden Pathways and Vanishing Trails to Justice and Peace: Indigenous Modes of Dispute Resolution and Indigneous Justice Systems. Brown and Company. Bone.. Brillantes. Princeton: Princeton University Press. Scarcity. eds. Manila: Philippine Education Company. Homer-Dixon. Philippines: Asian Development Bank. Intal Jr. Bacani.. 2008 Duverger. New York: Wiley. Clarita. London: Little. 1999.. Philippines: CORAsia. Gurr. Manila: Konrad Adenauer Foundation. ADB Country Governance Assessment. 2009. Malcolm. Cisnero. The Environmental Crisis . 2008. Political Parties. Proceedings on the Conference on 208 .‖ in A Sourcebook on Alternatives to Formal Dispute Resolution Mechanisms. and Violence. Domingo. Inc. Philippines: Asian Development Bank. 2005. 1970. Philippines: Asian Development Bank. Why Men Rebel. 2005. 2004. Asian Development Bank. Background Note on the Justice Sector of the Philippines. Cotabato City: Center for Autonomy and Governance. 1998. Maurice. edited by Tapales et. Thomas F.

N. Ruth. Berkeley: University of California Press. Democracy and the Organization of Political Parties. 2004. Morada. Political Parties and Political Development. Asia Pacific School of Economics and Management & Australian Institute of Criminology. International Bank for Reconstruction and Development/The World Bank. 2001 Lusterio Rico. 1967. 1997. Manila: Senate of the Philippines. 4th edition. Balgos. Quezon City: Greenpeace. 1967. Jasper. Ostrogorski. 2008. edited by Ceciole C. 209 . Corruption and Anti-Corruption. Political Parties: Contemporary trends and ideas. Metro Manila: National Judicial Institute. Howie. Jabines. 2005.‖ in A Sourcebook on Alternatives to Formal Dispute Resolution Mechanisms.‖ in Saving the Earth: The Philippine Experience. The Philippines: A Climate Hotspot. New York: Harper And Row. Controlling Corruption.. & Wolanin. McCoy. Manila: DLSU – Angelo King Institute for Economic and Business Studies. Roy C. P. An Anarchy of Families: State and Family in the Philippines. Moral Imperatives of National Renewal: Readings on the Moral Recovery Program. Leticia. 2010. 2007. Macridis. 1993. Joint Needs Assessment for Reconstruction and Development of Conflict-Affected Areas in Mindanao. Roots of Conflict. Abigail and Inventor. Joseph . Klitgaard. Tadiar. Manila: Ateneo de Manila University Press. Asia Pacific Press. Princeton: Princeton University Press. Climate Change Impacts and the Philippines. Robert. Pasig City: Philippine Center for Investigative Journalism. M. Alfred. New York: General Books Llc. 2006. ―Impact of the Barangay Justice System on Decongesting Court Dockets and Broadening Access to Justice: Looking Back and Forward. A. Encarnacion Tadem and Noel M. ―The Costs of Extraction. 1994. 1988 LaPalombara.Democratic Deficits in the Philippines: What is to be Done? “Reflections on Philippine Development Challenges and Governance” held November 24. Ramos-Shahani. 1997. 2005. Edited by Teresa S. ―The Environmental Movement and Philippine Politics‖ in Philippine Politics and Governance: Challenges to Democratization & Development. (eds). Larmour. Philippines: The World Bank. Severino. Quezon City: University of the Philippines Department of Political Science. Makati: Asian Institute of Management. Rosalita. and Myron Weiner. Alfredo F. Nuñez.

Luzviminda. United Nations Framework Convention on Climate Change (UNFCC). Tangcangco.. p. Makati: Asian Institute of Management and Konrad Adenauer Stiftung. 2006-2007 CPRM Consultants. Candelaria. 1993. Inc. Vitug.‖ Climate Change 2007: Synthesis Report. ―The electoral system and political parties in the Philippines‖ in Government and Politics of the Philippines. Samuel. Shadow of Doubt: Probing the Supreme Court. Quezon City: University of the Philippines Press. Vulnerabilities And Adaptation In Developing Countries. Davao City via video conferencing).Democratic Deficits in the Philippines: What is to be Done? Tan. 1988. Quezon City: Public Trust Media Group Inc. Marites Danguilan. Valenzuela. Internationalization of the Bangsamoro Struggle. Vitug. Organized by the Supreme Court. Final Report. Ayesha. 1993. June 2004. Pasig City: Philippine Center For Investigative Journalism. March 2006. ―Human Rights. 4th Assessment Report of the Intergovernmental Panel on Climate Change. Declaration of the United Nations Conference on the Human Environment (1972 Stockholm Convention). 4-8.‖ Human Development Report 2000 Background Paper. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice. 210 . Climate and Food Security Conference entitled Responding to Global Challenges through Regional Cooperation and Public-Private Partnership. 2010. Power from the forest: The politics of logging. Singapore: Oxford University Press. Climate Change: Impacts. Sedfrey and Maria Milagros Ballesteros.. Iloilo City and Ateneo de Davao University. ―Designation of ‗Green Benches‘ in the Philippines: Regional Exchange in Support of Improved Judicial Institutions and Capacity. Edgardo T. Marites Danguilan. Papers/Reports/Forum Proceedings A Forum on Environmental Justice: Upholding the Right to a Balanced & Healthful Ecology was held on 16 – 17 April 2009 at the University of the Cordilleras. Baguio City (with simultaneous forums in the University of the Philippines Visayas.. Institutional Strengthening of the Shari’a Justice System (Phase 1). Dias. Edited by Raul de Guzman and Mila Reforma. ―Global Food Security Outlook‖ in Proceedings of the Energy. Environment and Development: With Special Emphasis on Corporate Accountability. Inc. 2008. CPRM Consultants.

Alfred. 2010 at the AIM Conference Center in Makati City.‖ Monsod. Bernardo and Prof. Jenny.I. Security. International Human Rights Law: A Practical Approach 6-7 (2003) and David Takacs. 2008. San Francisco. 2003. 2008.‖ in 16 New York University Environmental Law Journal 711 (2008). Journal Articles 211 . Serena I. Published by The World Bank. Bautista. Bridging Multiple Divides held at Hilton San Francisco.‖ Human Development Network Discussion Paper Series. No. East Asia and the Pacific Region. Paper presented at the "Forum on the SWS 2009 Surveys of Enterprises on Corruption and Anti-Corruption Strategies" on February 11. Allan B. 2008. Paper presented during the ALNI/P Symposium at Balay Kalinaw.allacademic. Farzana.‖ U4 Expert Answer. Environmental Human Rights. Nawaz. Toby. Rehman. 1. 2010 at the NISMED.Democratic Deficits in the Philippines: What is to be Done? Elai. Ma. Prof. Vol. Most Significant Technique in Mediation Series. Prof.d. Cynthia Rose B. August 17.Ocampo in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9. 5 of Monograph Series of Asian Labor Network on IFIs/Philippine Chapter. 2008 from http://www. Retrieved July 14. Quezon City. Javaid. Politics and Policy" Paper presented at the annual meeting of the ISA's 49th Annual Convention. CA. Ma. 4. and Bridi.html Kelly.com/meta/p_mla_apa_research _citation/2/5/4/2/9/p254298_index. ―Resource Security Bridging the Divide Between Energy. Transparency International. UP Diliman. Economy. ―The Public Trust Doctrine. ―Rule of Law: The Lamp that Illuminates. UP Diliman. Diokno. Natural Disaster Risk Management in the Philippines. Dina S. Metro Manila: Justice Reform Initiatives Support [JURIS] Project. Social Weather Stations President Mahar Mangahas.‖ n. ―Overview of Corruption and Anti-Corruption in the Philippines. PHDR Issue 2008/2009 No. Kehl. ―Draft Field Report: Philippines Flooding/Typhoon Rapid Environmental Impact Assessment. and the Future of Private Property. Prof. C. September 30. Rural Development and the National Disaster Coordinating Council of the Philippines. 1st place winner of the Essay Writing Contest on the Rule of Law sponsored by the Supreme Court in 2007. Quezon City. ―The Philippine Bureacracy: Incentive structures and implications for performance. USA on March 26.

" Ethnic Studies Report: ICES XVII no. ―On Issues in the Charter Change. Edgardo.‖ Philippine Daily Inquirer. 2004. Paul.news.inquirer. ―Corruption in the Philippine Navy Procurement System. (2006). April 21.‖ The Manila Times Internet Edition. "The Philippines: The 1996 Peace Agreement for the Southern Philippines: An Assessment. 1 (2008).yahoo.‖ Masteral Dissertation. Antonio F." Journal of East Asian Studies 3 (2003): 263.‖ Cato Journal 23 no.net/inquireropinion/talkofthetown/view/20100508-268822/Curbingcorruption ―Global warming to cause famine in RP by 2020. 54 (2002). E. Campos. Politics Blamed for SSS Losses. David. and Rocamora. April 26.com/gma/20100530/tph-cbcp-offers-masses-for-freedom-of-ind6cd5cf. Kenneth. ―A Practical Approach to Combating Corruption: The Value Chain Methodology. ―Tracking Anti-Corruption Initiatives: Perceptions and Experiences in the Philippines. 212 .html ―Congress won‘t end reign of political dynasties.TV. 2010. Newspaper/e-News Articles ―Bad Investments. 2 (1999): 253-280. Joel. Hutchcroft. Bauzon. 2008. 2010. Available from http://ph. Environmental rights and the Right to Environment.‖ GMANews. "Strong demands and weak institutions: the origins and evolution of democratic deficit in the Philippines.‖ The Governance Brief 16 (2007). Available from http://opinion.net. ―A Simple Solution to China‘s Pension Crisis. Shelton.‖ Autonomy and Peace Review 2 no. Tolentino. and Ling Li. Pacoy.2 (2003).‖ JOAAG 3 no. ―Curbing Corruption. M. J. V. Dinah.‖ 28 Stanford Journal of International Law 103 (1991).Bruce. Trillanes IV.‖ Philippine Journal of Development XXIX no. December 19. ―CBCP offers masses for Freedom of Info bill. ―The Globalization of Food Security: Rice Policy Reforms in the Philippines.Democratic Deficits in the Philippines: What is to be Done? Alonto.P. 2.‖ Philippine Daily Inquirer. "Human Rights.‖ Manila Times. Li. 2010. Theses/Dissertations LTSG. 2002. May 30. May 8.

‖ May 14. PNP can‘t install transition president.net/index. ―Political Parties and social movements.‖ Manila Bulletin. 2010. 2 June.‖ Manila Bulletin. ―What next president must do to grow economy.‖ Available from http://www. January 31. David. March 10. 2010. A14. p. February 28. 213 . Available online from www. Gil. May 18. 2008. February 28.com/law-legal-system/constitutional-lawfreedom-press/230758-1. April 17. ―Boncodin defends pork barrel. Katherine. 2006. September 16.com/Article.philstar. Available online from http://www. ―China-ASEAN Free Trade Deal: Implications for Philippine Industries. 2010. 2010.com. Mar.ph/node/247016/corruption-wor ―Slash the fat.Democratic Deficits in the Philippines: What is to be Done? ―Outgoing SC Justice Puno to Associate Justice Corona: Preserve integrity of the High Court. ―Corruption pulls down RP freedom ranking. Available from http://balita.html Aldaba. ―Salceda: Rich also became richer. Cabacungan Jr.. ―60% of Police Force ‗Live Below Poverty Line‘: PNP General. Rafaelita. Available online from http://heraldextra.manilatimes. Available online from http://www.mb. Available online from http://www.‖ The Philippine Star. 2010. Arguelles. Daily Herald.‖ Philippine Daily Inquirer. A1. 2010. Ronnel. January 22.aspx?articleId=36402 AFP.articlearchives. 2010. 2010. p. p. not school days‖ in In Our View.html ―We have blatant and quiet corruption.‖ Philippine Daily Inquirer.philstar. Jess.aspx?articleid=505720 Domingo. A11. 2010. 2009.‖ Philippine Daily Inquirer. ―Yearender: Climate Change Tops DENR Priority in 2007.com/article.‖ The Philippine Star. March 8.‖ Philippine Daily Inquirer. B4.com/news/opinion/editorial/article_fdd1084a-3a9b-5656-aab565f9e6113fc6. Diaz. Casayuran.‖ Philippine Daily Inquirer.‖ Manila Bulletin.ph/2010/05/14/outgoing-sc-justice-puno-to-associatejustice-corona-preserve-integrity-of-the-high-court/ ―RP is 4th most corrupt in Southeast Asia. Randolph. Mario. ―Teodoro: AFP.php/component/content/article/83-opinion-columnist/13430we-have-blatant-and-quiet-corruption Adraneda. p. January 2.

nytimes.‖ Philippine Daily Inquirer. February 16.co.‖ (Commentary) Philippine Daily Inquirer. 214 . Isip. 2010. A3. April 7. Available online from www.R. December 03. ―The Philippines Face Classroom Shortage.bulatlat. 2010. Nelson. Pangalangan. BBC. regulations remain a major constraint.Democratic Deficits in the Philippines: What is to be Done? Doronila. February 1. Habito. Available online from http://news.‖ Philippine Daily Inquirer.‖ Malaya. 2010.‖ Philippine Daily Inquirer.‖ Philippine Daily Inquirer. ―The new big. Raul. Dennis.com/news/5-17/5-17-woes. November 16. 2010. ―Analysis : President hostage to guns of gov‘t troops. Riza. Cielito.inquirer.com/2009/08/25/world/asia/25iht-phils. p. Habito.‖ The New York Times. p. A8. Carl Marc. January 18. Habito.‖ Bulatlat. p.net/breakingnews/nation/view/20100407-262848/PNP-chief-to-retiringpolice-officers-Quit-your-posts Lamota. March 5. bad G word.‖ Malaya. Icamina. January 29. Kwok. ―A damaged culture and the economy. March 1. 2010.14B lost in DA‘s ‗wasteful‘ operation.inquirer. Available online from http://www. 2007. ―Back-to-School Woes Worst Ever. Amado. 2010. Cielito. Available online from http://newsinfo. Joselito D. 2010.html Nugent. December 18. Irma. ―Greepeace debunks nuclear benefit. Amando.‖ Malaya. ―Uncertainties surrounding nuclear waste. Cielito. Abigail and Marlon Ramos.‖ In Analysis. 2010. Available online from http://opinion. Philippine Daily Inquirer.uk/2/hi/asia-pacific/1057716. Mydans. 2009.‖ Malaya. ―GNP 2009: Gutom Na Pinoy?‖ Philippine Daily Inquirer.‖ Philippine Daily Inquirer. B2. ―Wiping Away the Footprints of Corruption in the Philippines. 2009. December 6.‖ Olchondra.net/inquireropinion/columns/view/20071203104472/President_hostage_to_guns_of_gov%92t_troops Gadil.bbc. ―Local biz confident of access to financing. Paul. Seth.htm Laviña. officials say. ―PNP chief to retiring police officers: Quit your posts. ―Mining still an investment draw.stm Obejas. ―The banality of corruption‖ in his column ―Passion for Reason. Nicholas. Macasaet. February 9. 2010. ―High cost of Corruption in Philippines‖. ―P7. 2000. ―How workers fared in 2009. January 25.

Artemio.php?article_id=231994 Rodis. ―For 3 agencies. ―Education for All. Remo. Amy R. Edgardo. Cecille M.‖ Monthly Labor Review.inquirer. ―Integrity Initiative. 2010. Collective Action 101: Principles. Available online from www. Philippine Daily Inquirer. 2008. 24 January 2010. December 7. April 27. Rodel. ―Transforming the PNP. 5 other heads of state ink Coral Triangle Initiative.Democratic Deficits in the Philippines: What is to be Done? Panganiban. ―GMA. 2010. ―Commentary: On Military Intervention. Villas. 2010.‖ Business Review. May 16.newsflash. 29 April 2010. Remo.‖ INQUIRER. 2007. Tubeza. Tan.TV. Anna Liza T. Tordecillas.inquirer. ―UN report ranks RP education behind Tanzania.‖ Philippine Daily Inquirer. education reform campaign launched to elect Education President. workforce.tv/story/189527/comelec-asked-to-allow-reshuffling-of-partisan-policechiefs Toossi. 2009. October 24. Elements and Approaches. ―Environmental woes blamed on RP‘s huge population.‖ GMANews. ―Comelec asked to allow reshuffling of ‗partisan‘ police chiefs.net/print/print. Roland.htm. 12 February. ―Labor force projections to 2012: the graying of the U. January 1.net/inquireropinion/columns/view/20100406-262605/On-militaryintervention Suerte Felipe. ―Suggestions for Education Nation‖.inquirer. Michelle V. Roger. 10.inquirer. 3. Available online from http://opinion. 215 . February 2004.net/inquireropinion/columns/view/20080615-142723/Education-for-all Philippine News Agency. Posadas. ―10-pt. Available from http://services. Kimberly Jane T. nuke option looks appealing. Mitra.gmanews. Zambia-Binay. ―Global Networking : The Caricature Coup. Available online from http://www.‖ Philippine Daily Inquirer. Philip. 23 February 2010. 2009.‖ Philippine Daily Inquirer.‖ Philippine Daily inquirer. p. February 2010.org/2004/02/sb/sb005484.S.‖ Philippine Daily Inquirer. p.‖ Tribune.‖ STARweek.net.‖ Available online from http://opinion.net/mindfeeds/mindfeeds/view/20071207105462/The_Caricature_Coup Simbulan. April 6. Available online from http://globalnation.

―Collective Action against corruption. Azcuna.‖ Business Mirror. retired Justice of the Supreme Court. B2. Jr. Davide. 2008. and Chancellor of the Philippine Judicial Academy. Philippines. a privilege speech. Available online from http://www. ―The Justice on Wheels of the Philippines. Available online from http://www. Opinion Section of the Philippine Daily Inquirer. Privilege speech.mgb. ―The Revitalization of the Minerals Industry Program. November 29.‖ Presented during the International Conference and Showcase on Judicial Reforms held on November 2830.htm 216 . ―Court Annexed Mediation(CAM)-Making it Work: The Philippine Experience. 2005.com/index.Democratic Deficits in the Philippines: What is to be Done? Villegas. Hilario G. Parallel Session C. Mines and Geosciences Bureau. Adrian. (APEC Ministerial Meeting on Sustainable Development. ―How is Your Pension Doing?. 1996.‖ A Presentation by Justice Ameurfina A. 2010. Mr. p. Hilario G. at the Rizal Ballroom of the Makati Shangri-la Hotel. (Annual Report of the Supreme Court of the Philippines) Manila: Supreme Court Public Information Office. July 11-12. Declaration.ph/revitalization_files/revitalization_frame. 2009. ―The main source of graft—Part II‖ in Mapping the Future.‖ Reengineering the SSS. January 30. Government Publications/Documents Armed Forces of the Philippines and Philippine National Police. 2003. Philippine Statement by H. at the Makati Shangri-La. Permanent Representative of the Republic of the Philippines to the United Nations. 2005.php?option=com_content&task=view&id=3740 Davide. European Commission. at the International Conference and Showcase on Judicial Reforms. September 4. June 2009. Balindong. Joint Letter Directive 01-2010. Ramon. May 14. Representative of the Second District of Lanao del Sur. The Philippines. Melencio Herrera.‖ Outlining the Philippine government‘s policy on mining. March 15. Country Environmental Profile – Updates. Herrera. Jr.mindanews. Magsaysay. Adolfo S. AFP-PNP Joint Operational Guidelines for 2010 National and Local Elections. 1996) Manila.. Ameurfina Melencio.E. Jr.gov. New York. Associate Justice. Vicente. APEC. on Rule of Law Support and Advancement: The Philippine Experience. delivered on 20 April 2009 at the Helmsley Hotel. 2008. Annual Report 2008. Wood. Pangalian.

Ma. Internet. Internet. Artemio V. 2008. Workshop on ―Natural Resource-Based Conflicts in the Philippines: Trends. ―The Blood Politics of Abra.Democratic Deficits in the Philippines: What is to be Done? Office of the President. ―The State of Philippine Public Education: Problems and Approaches. Panganiban.htm&no=18&date=3/1/2007 Senate of the Philippines. Internet. 217 .‖ Paper delivered by Justice Artemio V.‖ 14th Congress.ph/press_release/2009/0606_escudero2. ―Ensuring the Success of the Philippine Judicial Reform Program.‖ Available online from www. chairperson of the Third Division of the Philippine Supreme Court during the Third Plenary Session of the International Conference and Showcase on Judicial Reforms. ―Public Schools Overcrowded. at the Rizal Ballroom of the Makati Shangri-la Hotel. Articles from Websites Abad. Philippine Information Agency.org/blog/wp-docs/AbuevaFederalism.) December 8.usaid.org.asp A Sourcebook on Alternatives to Formal Dispute Resolution Mechanisms. Internet. Kasama sa Kalikasan/ Friends of the Earth – Philippines (LRC-KSK/FOE-Phil. 2005.com/BESRA%20brochure. Metro Manila: National Judicial Institute. Jose. held on November 28-30.‖ Press Release issued on March 1. Available online from www.gov. Florencio. 2004. accessed April 2010.org/stories/the-blood-politics-of-abra/.‖ Available online from http://www.pcij. Ayn.110mb.pdf. ―PGMA Creates Task Force on Climate Change. Statement from Legal Rights and Natural Resources Center.‖ (press release of the Office of the President). Panganiban. Basic Education Sector Reform Agenda (2005-2010).fnf.gov. accessed May 2010. ―PGMA Signs Renewable Energy Act of 2008 Today. Below World Standards.pia.gov The Supreme Court Reversal on La Bugal .ph/?m=12&sec=reader&rp=2&fi=p070301.‖ Available online from http://pcij.pdf. Retrieved June 25.A Bigger Storm Brewing Network. THE REPORT OF THE FACT FINDING COMMISSION Pursuant to Administrative Order No.ph/downloadables/Butch%20Abad. Challenges and Actions‖ held on 13-14 May 2004. Available online from http://www. accessed March 2010. Inc. Ballesta. Justice.pdf . Abueva." Available online from http://efa2015. 78 of the President of the Republic of the Philippines Dated July 30. Submitted to the Office of the President on 17 OCTOBER 2003. 2003. accessed May 2010.senate. 2008 from www. 2007. ―Federalism.

worldbank. Gerodias.htm. Ellalyn.php?option=com_content&task=view&id=20&Itemid=55 .cia.‖ 2000.org/caiasia/1412/article-34762.pdf ―Hotspots Defined.mb.pdf.org/publicsector/anticorrupt and http://www.bibliojuridica.com. Available online from http://www. accessed April 2010.aspx.org/2004/02/si/si001983.‖ April 23.cleanairnet. Vinay.‖ Available online from www. accessed April 2010.html/ Internet.ph/node/222382/environmental-degradation-climatechange-blamed-ma. Available online from http://www. ―Clean Air Initiative: Asia .html.ph.worldbank. Food Insecurity and Vulnerability Information and Mapping Systems. ―The RAM Boys: Where are they now?‖ Available online from http://www. accessed May 2010.org/libros/4/1985/14. accessed March 2010.Democratic Deficits in the Philippines: What is to be Done? Bhargava. accessed May 2010. Internet. ―Why Population Growth is Still an Issue in the Philippines. Internet.scribd. Country Disaster Risk Management Note on the Philippines by the Global Facility for Disaster Reduction and Recovery. accessed May 2010. accessed March 2010.ncip. Gunther.newsflash. 218 . Joanna Ruth.org/xp/hotspots/hotspotsscience/Pages/hotspots_defined.html. Internet.‖ Available online from http://www. Glenda. accessed May 2010. ―Philippines FIVIMS in support of the Accelerated Hunger Mitigation Programme (AHMP). Internet. ―Human Rights and Protection of the Environment: A Mildly ‗Revisionist‘ View. climate change blamed for massive flooding. Internet. ―Biochem Report 2007-2008: Malnutrition in the Philippines. Insigne. Merceditas. Concepcion.‖ Available online from https://www.‖ Available online from http://www. The World Factbook.ph/?p=10002 De Vera.biodiversityhotspots. accessed May 2010. Gloria.org/ctrydrmnotes/Philippines.‖ Available online from http://www. Internet. Eugenio. Internet. RN.gov. and Palermo. Dateline Philippines. RN.com/doc/243953/Malnutrition-inthe-Philippines. Edgar. accessed May 2010. Internet. ―Environmental degradation. ―Country Comparison: Population.pcij.‖ Available online from http://www. Available online from http://gfdrr.The Clean Air Act of the Philippines.gov/library/publications/the-world-factbook/rankorder/2119rank.org/eapsocial Central Intelligence Agency. ―Combating Corruption in the Philippines.org/stories/1999/ram.‖ Available online from http://www. Internet. ―PNP warns mayors from using cops during election period. Various speeches during World Indigenous Peoples‘ Day. Available online from http://dateline.fivims. Handl. 2010.org/index.‖ Available from http://www.

―Press Release: Official population count reveals.gov. accessed 24 February 2010.world-psi. accessed May 2010.‖ Available online from http://www. National Statistics Office.judiciary. Donna. Veronica .ph/news_2007/news_aug2008_02. Internet. Ordinario..‖ Available online from http://www. ―Brief Review of the History of the Communist Party of the Philippines: On the Occasion of the 20th Anniversary of its Reestablishment.ph/article/articleview/5632/1/39/.pcij.com/juris-project-supremecourt-promotes-mediation-and-alternative-dispute-resolution-mechanisms/. Liwanag.org/stories/1999/ram2. trails neighbors in Transparency International‘s corruption index. accessed April 2010. accessed May 2010.gov.pdf.‖ Available online from http://hdn.impactmagazine. Armando.census. JURIS Project..‖ Available online from http://attyatwork.‖ Available online from http://transparency.gov.‖ Available online from http://www.org. Internet. Luz. ―Philippines: Nutrition gains at risk.‖ Available online from http://www.html." Available online from http://www. accessed April 2010. ―Judiciary-wide Court Management Information System (CMIS) launched: Seen to Help Reduce Caseload and Delays.org/?p=10#more-10.pl?author=al.aspx?ReportId=77822.irinnews. accessed March 2010. "Another Coup is Unlikely.ph/wp-content/uploads/2009/05/dp01_luz.ederic.net/cgibin/statements/statements. ―The Persistence of Insurgency in the Philippines.‖ Available online from http://apjr.‖ Available online from http://www.org.‖ Available online from http://www. Philippine Center for Investigative Journalism. Internet. Jimenez. Internet. accessed March 2010. ―JURIS Project: Supreme Court promotes mediation and alternative dispute resolution mechanisms. ―Creating a Tidal Wave Against Corruption in the Philippines.Democratic Deficits in the Philippines: What is to be Done? International Tropical Timber Organization. Internet. McGuire. IRIN.. ―DENR calls on communities to help prevent and control forest fires. ―The Challenge of Governance in a Large Bureaucracy (Department of Education): Linking governance to performance in an under-performing sector.language=eng.denr. accessed May 2010.philippinerevolution.html.html.org/Report.htm. Internet.date=881226. UN Office for the Coordination of Humanitarian Affairs.P. 219 . Internet. Lagarde. accessed April 2010. Internet. Juan Miguel. Cai.ph/data/pressrelease/2008/pr0830tx. Internet. Internet. Roy. Internet. ―R.net/v40n01/insurgency. accessed April 2010. accessed 4 March 2010.

2010. Public Information Office.pcij.org/imag/Excerpt/military.‖ March 24. ―The Millennium Development Goals: Goal 4 Reduce child mortality. accessed April 2010. ―Blueprint for Universal Health Care 2010-2015 and Beyond. Internet.‖ Available online from http://www. ―Education: Issue. ―PNP mounts aggressive police action on private armies.msh. Internet. United Nations Development Programme Philippines. Available online from http://www.ph/?link=goal_4. "PNP Promotion System Hit.‖ Available online from http://erc.Democratic Deficits in the Philippines: What is to be Done? Philippine Center for Investigative Journalism. Internet. Philippine National Police. Websites & Links Armed Forces of the Philippines.asp.org. ―The Millennium Development Goals: Goal 5 Improve maternal health. Available online from http://www. Internet.mil.up.php?i=289.html. "Health Sector Reforms: A Progress Report. ―Roxas: PNP Zambo Sur Should be Accountable for Murders.edu.unicef. UNICEF Philippines.org/hsr/index. accessed 20 June 2010.ph/?link=goal_5 Internet. accessed April 2010.ph/0/history." Available online from http://pdf. Internet. accessed May 2010. Local Police Reshuffle Should Focus on Areas Where These May be Used for Partisan Politics. Internet.ph/cms/index." Available online from http://www.pnp.htm.undp. accessed April 2010. The UP Forum.undp. accessed April 2010. Philippine Development Forum Working Group on Millennium Development Goals and Social Progress . Internet.php?option=com_content&view=article&id=173:pnp-mountsaggressive-police-action-on-private-armies&catid=1:latest-news&Itemid=50 Internet.senate.ph/upforum." Available online from http://www.‖ Press Release from the Office of Senator Mar Roxas.ph/downloads/Annex_2_FINAL_PDF_Health[1]. Internet. Available online from http://www. accessed April 2010. 220 .ph/press_release/2010/0120_roxas3.org/philippines/8900. January 20.gov. 2010. accessed May 2010.php?option=com_content&view=article&id=55&Itemid=58& limitstart=11. Official Website of the PNP.groundreport. ―The Philippines Health Sector Reform Agenda. Available online from http://www.‖ Available online from http://www. Internet.pnp. accessed May 2010.com/World/PNPPromotion-System-Hit/2858173.ph/cms/index. accessed March 2010.‖ Available online from http://www. Official Website of the AFP. "Out of the Barracks.org. accessed March 2010.gov.pdf.gov. accessed April 2010.php.html (2008).afp. United Nations Development Programme Philippines. Internet.‖ Available from http://www.

accessed May 2010.dilg.‖ Official Website of Conservation International. Internet. Available online from http://www.treasury.ph/statdata/monthly/mo_debtindicator.html . Internet.ph/search/lce. Internet.unesco.aspx http://dirp3. Biodiversity Hotspots featuring the ―Philippines.righttoenvironment.heritage. Official Website. Department of Interior and Local Government.biodiversityhotspots.Democratic Deficits in the Philippines: What is to be Done? Conservation International.pdf http://globalnation.pdf.ph/monthlyfeatures/mar2k2a.epa.biodiversityhotspots. Department of Agriculture. Available online from http://www. accessed March 2010. US Environmental Protection Agency.int/kyoto_protocol/items/2830. Available online from http://www.gmanews.php http://www.html.ph/2010/05/14/outgoing-sc-justice-puno-to-associate-justice-corona-preserveintegrity-of-the-high-court/ http://www. accessed March 2010.ploughshares. UNESCO Institute for Statistics. accessed 11 March 2010. accessed April 2010.rtf http://www.gov. Available online from http://www.asp?pid=83 http://www.childprotection.com/2009/01/dept-of-agriculuture-food-security-and. Available online from http://gmr.ca/libraries/ACRText/ACR-PhilippinesN.org/xp/Hotspots/philippines/Pages/default.net/news/breakingnews/view/20070824- 221 . Official Website of the DA.tv/story/189527/comelec-asked-to-allow-reshuffling-of-partisan-policechiefs http://balita.aspx. accessed April 2010.aspx.org/index/country/philippines http://www.gov/greenchemistry/ Internet. http://unfccc.gov.ph/ris/pjd/pidspjd02-2foodsecurity.inquirer.pids.org/default.org. Internet. Available online from http://www. http://www. Official Website of the DILG. Internet.org/xp/Hotspots/philippines/Pages/default.uis.org/selectIndicators. Project Ploughshares.gov.agriculture-ph.

http://www.html http://projects.mindanews.manilatimes.org/HotSeat/davidereport.net/index.pcij.php?option=com_content&task=blogcategory&id=106&Itemi d=190.wri.org/sd-pams-database/phillipines/clean-air-act http://www.Democratic Deficits in the Philippines: What is to be Done? 84523/DepEd_pushes_madrasah_program http://www.php/news/nation/15897-grp-mnlf-sign-agreement-to-enforce1996-peace-deal.com/index. 222 .

Cum Laude in 1987 from the University of the Philippines-Diliman. Portia Hazel R. For many years.ABOUT THE AUTHORS Clarita R. Kagalingang KAPP. A graduate of BS Library and Information Science from the University of the Philippines Diliman. He is a regular member of the Filipino Society of Composers Authors & Publishers. Filipino Composers Development Cooperative and Original Kapampangan Music Composers and Artists. She also holds a 1st degree black belt in Taekwondo. Political Science program of the University of the Philippines – Diliman in 2009. namely. Inc. he has engaged with various agencies of the executive. Carlos is a professor of political science at the University of the Philippines. Dianne Faye C. Lalata is a consultant in the government and non-government sectors covering various development issues. In 1995. the Elpidio Quirino professorial chair in international relations. she has worked as a researcher for various government and non-government institutions. She is currently studying the Korean language to pursue further studies in South Korea. hoping that the development of a code to understand and map out the inner workings of the Asian Communist psyche could help in achieving peace in the region. In 2009. Despi is a graduate of the B. involved in the research and writing of policy papers. Inc. she received the most outstanding teacher award in the full professor category in the university. ISBN 978-971-94932-0-4 Center for Political and Democratic Reform. He earned the degree of Bachelor of Arts in Communication. She has held various professorial chairs. Carlos currently works as a technical staff at the SEAMEO Regional Center for Educational Innovation and Technology (SEAMEO INNOTECH). In his 23-year professional career. and can be especially used in understanding the case of Communist insurgencies in the Philippines. Dennis M. legislative and judicial branches of government. she has acquired knowledge and comprehension on and is familiar with the various socioeconomic and political issues in the country. . she has been consultant of the Philippine Congress and Local Government Development Foundation. She wrote on the Operational Code of the North Korean Politburo as her final paper for the course. she received the Natatanging Guro (Outstanding Teacher). As a former Legislative Staff Officer at the Congressional Planning and Budget Department at the House of Representatives. the Maximo Kalaw chair on peace and the CASAA professorial chair. Major in Journalism.A.

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